Derived from international trade, maritime transport means commercial activities in which ocean carriers take freight rate for connecting. supply and demand for commodities, as well as transportation of passengers between ports and countries using vessels.
In case of any damage or loss of goods on board, ocean carriers either should indemnify shippers for the damage or can be exempted from responsibility according to the prior agreement between tire two parties. For their own gain, however, carriers take advantage of the principle of party autonomy and insert various escape clauses in the terms and conditions of the bills of lading.
In this regard, the Hague-Visby Rules (Protocol to Amend the International Convention for the Unification of Unification of Certain Rules of Law Relating to Bills of Lading 1968) reasonably distinguished responsibilities between the shippers and the carriers by imposing minimum obligations upon the carriers. Meanwhile, at the behest of the developing countries, UNCTAD enacted the Hamburg Rules (United Nations Convention of the Carriage of Goods by Sea 1978) which came into force on 1 November 1992 and makes ocean carriers liable for all damage resulting to cargo under the carriers' care, without limitation and without regard to cause, unless it can be shown that the carriers took all reasonable measures required to protect the cargo. However, only 20 nations have ratified it, with notable exceptions such as the Uk, USA, and other developed nations including South Korea. But, this necessarily means that carriers do not care about the rules, but should provide for the future.
If a carrier neglect the fiduciary duty, he or she should compensate for any damage or loss caused by the fautes commerciales. If a carrier cannot be exempt from the faults, he or she needs to be covered by insurance, for example P&I.
This study aims to identify cases of cargo damage or loss caused by mishandling of carriers and to propose measures to prevent such accidents. By doing so, the results is expected to contribute to cost reduction of ocean carriers by cutting P&I premium, as well as to enhanced customer satisfaction.