4.0 Strategic Importance of Bangladeshi Ports
In a globalised world with modern IT services information regarding product price isfreely available. The challenge is to arrange the logistics to deliver the product in themost efficient and cost effective manner. The geography of the Indian Subcontinentmakes Bangladesh and its ports the logistical corridor of a vast hinterland. Effective useof the Ports of Bangladesh can bring welfare to a large population my making suppliesavailable at a cheaper price.
5.0 Charterers ‘SAFE PORT’ Obligation
Traditionally it has been the duty of the charterer of a vessel to ensure that the port hesends the vessel to is safe for the vessel to berth and discharge and receive cargo.A shipowner is obliged to proceed the vessel to port nominated by the charterer under charterparty, but various clauses are inserted in the charterparty with the intention of rendering the shipowner immune from the vagaries of an unsafe port.There is no doubt that the safe port obligation is critical for the shipowner, as he is notobliged to load if it can be shown that the charterer has failed to nominate a safe port. If a port nominated becomes unsafe, the shipowner notifies the charterer to nominate analternative port, and if the charterer fails to do so the shipowner may deliver the cargo atthe nearest safe port in accordance with the terms of the charterparty.The obligation imposed on the charterer is not an absolute one in the sense that he isusually absolved from abnormal occurrences, but the duty of the charterer to ensure thatthe port nominated is safe for all intents and purposes is quite an onerous one.
6.0 Definition of Safe Port
The classic definition of the safe port warranty may be found in the Judgment by SellersL.J. of the UK Court of Appeal in the case of the Eastern City:
“If it were said that a port will not be safe unless, in the relevant period of time, the particular ship can reach it, use it and return from it without, in the absence of someabnormal occurrence, being exposed to danger which cannot be avoided by good navigation and seamanship, it would probably meet all circumstances as a broad statement of the law. Most, if not all, navigable rivers, channels, ports, harbours and berths have some dangers from tides, currents, swells, banks, bars or revetments. Suchdangers are frequently minimized by lights, buoys, signals, warnings and other aids to