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Risk Management in Maritime Transportation Contracts
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Mohammad Abid    |
| The Organization for Researching and Composing University Textbooks in the Islamic Sciences and the Humanities (SAMT) , abidabid015@gmail.com |
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Abstract: (82 Views) |
Background and Theoretical Foundations:
Risk management in maritime transport contracts is of significant importance due to the complex nature and specific conditions of these contracts. This research provides a comprehensive examination of the concept of risk management in maritime transport contracts, analyzing key factors, existing risks, and effective solutions in this field. Maritime transport, as a crucial component of global trade, faces various risks including natural factors such as storms, adverse weather conditions, and legal and operational issues. The paper explores theoretical concepts and legal tools related to risk management and emphasizes the importance of accurate identification and assessment of risks.
Methodology:
The paper employs descriptive and analytical research methods to investigate risk management in maritime transport contracts. The descriptive method focuses on identifying the features and legal and operational requirements, while the analytical method concentrates on analyzing complex relationships and causes of risks and identifying effective strategies. The combination of these methods provides a comprehensive and detailed picture of the current situation and a deeper analysis of risks.
Findings:
The research identifies and assesses various risks in maritime transport contracts and proposes suitable solutions for mitigating these risks. A key section of the paper analyzes the legal requirements and solutions for risk management, including accurate risk identification, assessment of impacts, and implementation of effective strategies for controlling and financing risks. Additionally, the paper examines risk allocation mechanisms such as exemption clauses, limitation of liability, indemnity clauses, penalty clauses, and insurance, and analyzes their impact on risk management.
Conclusion:
The research findings indicate that effective risk management in maritime transport contracts requires a comprehensive and systematic approach. This approach should include accurate identification of risks, proper assessment of their impacts, and implementation of suitable strategies for risk control and financing. The paper highlights that proper interaction and exchange of accurate information between contract parties and the establishment of clear and unambiguous terms are crucial factors in reducing risks and preventing disputes. Finally, it is recommended that the use of the scientific and practical methods presented can enhance risk management processes and contribute to reducing financial and legal losses. |
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| Keywords: Risk Management, Contract, Maritime Transportation, Risk |
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Full-Text [PDF 1508 kb]
(8 Downloads)
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Type of Study: Research/ Original/ Regular Article |
Subject:
Law of the Sea
Received: 2024/09/12 | Revised: 2024/11/23 | Accepted: 2024/11/5 | ePublished: 2024/11/23
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