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According to article 14 of the Rotterdam Rules , imposes a number of duties to the carrier toprovide a seaworthy during the vessel journey, is a clearexpression of the public law obligations towards the vessel (including the crew) imposed by the International Safety Management(ISM) Code on the Company, (which, under the Rotterdam Rules, may be the carrier” or a maritime performing party”). In effect, the carrier’s continuous duties-to make and keep the ship seaworthy; to crew, equip, and supply the ship properly; and to keep the ship so crewed, equipped, and supplied throughout the voyage under article14 of the Rotterdam Rules-correspond to the duties set out in articles 6 and 10 of the ISM Code. The carrier’s public law obligations regarding safety at sea and the protection of the environment were notonly articulated in the Rotterdam Rules, but were also considered to be of utmost importance.
The drafters intended to look into excuse of potential maritime safety implications of the unseaworthiness of the vessel and in additional even gone further to ensure that the seaworthiness requirement in relation to the physical condition of the vessel, its equipment, and the crew (but not the cargo worthiness) will be detected by the carrier at all times. Article 80.4 expressly provides that article 14(a) and (b) are one of the few “super mandatory”provisions of the Rotterdam Rules, from which the partiescannot leave when entering into a volume contract.
This is actually another reason why the duty of the carrier to provide a seaworthy vessel deserves a distinct provision in the text of the Rotterdam Rules, because it is essential that the text of the Rules clearly defines the facets of seaworthiness from which the carrier cannot derogate. At this point, it is worth observing that although there was wide support for the incorporation of a provision on the seaworthiness requirement, the purpose were raised against its extension to the entire vessel by sea, as opposed to the respective duty under article 3.1 of the Hague and the Hague-Visby Rules, which applies only to the stage before and at the beginning of the vessel.
The main objection was that such an ongoing obligation to provide a seaworthy vessel alters the overall risk will be divided between the carrier and cargo interests under theRotterdam Rules by placing too great a burden on the carrier, which could lead to the associated costs being passed on in the form of increased insurance premium. Other problems were also expressed regarding to the practical allegations of the extension of the duty, because a vessel mayexperience problems while at sea (and even in the middle of the ocean) and it may not be feasible to make it seaworthy until it reaches a port of call. The response to those concerns is that the duty of seaworthiness under the Rotterdam Rules is that of due carefulness rather than an absolute duty. The carrier will, hence, be expected only to take reasonable steps during the vessel journey. The test is objective and is to be measured by the standards of a reasonable ship-owner, taking into account the particular circumstances of the case, including whether the vessel isin port or at sea.
Moreover, the final form of articles 13 and 14 of the Rotterdam Rules was chosen by the majority of the agents and was, therefore, adopted because they correspond in principle to article 3.1 through .2

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