保险人基于损害补偿原则的拒赔抗辩——在《沿海、内河船舶保险条款》下的讨论

以沿海、内河船舶保险中保险人的视角,寻求其在《沿海、内河船舶保险条款》下以损害补偿原则作为拒绝赔付被保险人的抗辩理由的法律正当性,并试图通过探究这些原则和条款本身的内在涵义,为保险人和被保险人双方提供实践的参考;同时在分析这些抗辩理由在司法实践中的现实价值的过程中,进一步揭示该领域相关问题的法的实然所在。     

Determination of the transportable moisture limit of iron ore fines for the prevention of liquefaction in bulk carriers

In 2013, over 500 million metric tons of Iron Ore Fines (IOF) were transported around the world using bulk carriers. Under certain conditions IOF, while being transported, can possibly undergo liquefaction. Since 2006, there has been eight reported bulk carrier casualties possibly caused by the liquefaction of IOF. The objective of this study is to evaluate, compare and verify the limitations and relevance of the Proctor/Fagerberg, Flow Table and Penetration test methods that are used to determine the Transportable Moisture Limit (TML) of IOF. The TML is the maximum gross water content that bulk cargoes, including IOF, may contain while being transported at sea without being at risk of liquefying. A thorough literature review, along with laboratory research, was carried out to compare the TML results from the three leading test methods to determine whether they produce reliable results when testing IOF. The study concludes that the three test methods, as stated in the 2012 International Maritime Solid Bulk Cargoes Code, are unverified and therefore not appropriate for testing IOF. This is due to the variation in the results produced by the three test methods and also due to the difference in the physical properties of IOF when compared with the materials that were originally intended for testing. It is noted that the TML alone may not control the potential liquefaction of IOF and further studies, regarding the physical properties and system variables, which cause the material to liquefy, are required to determine the liquefaction potential of IOF.