Foreword
This thesis was submitted in fulfilment of the requirements for the master’s degree in Maritime Law (LL.M) at the Scandinavian Institute of Maritime Law, University of Oslo, in December 2024. It is published here with only minor orthographic corrections and adaptations.
The thesis explores the UK Supreme Court judgment in Alize 1954 and another v Allianz Elementar Versicherungs AG and others (“The CMA CGM Libra case”), which examined the evolving and complex concept of seaworthiness under the Hague Rules. Notably, the judgment confirmed that initial unseaworthiness prevails over the “error of navigation” defense, a ruling that has sparked significant discussion both before and after the decision — providing a rich subject for analysis, as undertaken in this thesis.
I would like to extend my gratitude to my supervisor, Trond Solvang, for his invaluable feedback, knowledge, and guidance throughout the writing process. I am also grateful for the opportunity to discuss the topic with practitioners, particularly my colleagues at Norwegian Hull Club, whose insights have been very helpful.
Maeve Gjerde