The Commercial Implications of the ISPS Code

2004; RELX Group (Netherlands); Linguagem: Inglês

ISSN

1556-5068

Autores

Stephen Girvin,

Tópico(s)

International Maritime Law Issues

Resumo

On 1 July 2004, the International Ship and Port Facility Security Code (ISPS Code) came into force. This Code is the result of a coordinated international maritime response to the events of 9/11 by the International Maritime Organisation (IMO), highlighted by increasingly powerful regional maritime developments, such as those within the European Union. The European Parliament has enacted a Regulation on Enhancing Ship and Facility Security and other countries have enacted legislation which implements the Code or the Regulation. In certain cases, these domestic measures go further than envisaged by the mandatory provisions of the Code and Regulation. This paper is in two parts. The first part outlines the general scope and application of the Code and of the Regulation. The second part considers certain commercial implications, from a common law perspective, for shipowners and charterers of the consequences of implementation and non-compliance.

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