英文摘要 |
The main duty for the ocean carrier is to provide a seaworthy vessel as the carrier has a duty of exercising due diligence to make the ship seaworthy. If the carrier can’t make the ship seaworthy when exercising due diligence, they can’t be exempted or limited from their liability for cargo damage or loss. Moreover, the ISM Code is to establish the minimum standards for safety management and operation of ships. If the Code has been properly implemented, it could be the best evidence for the carrier to prove that they have make the ship seaworthy in due diligence. In 2017, InterManager together with The Warsash Maritime Academy, have presented the findings on its fatigue study, which is entitled “the Project MARTHA”. The findings reveal results of a threeyear study on the causes and effects of crew fatigue, along with proposals as to how best mitigate against the risks posed by crew fatigue. It states that the dangers of crew fatigue can be mitigated through the introduction and development of effective Fatigue Risk Management Systems (FRMS). This article primarily will address and discuss issues presented by the abovementioned study on the interaction of seaworthiness, ISM Code, and FRMS. |