The Commercial Implications of the ISPS Code
(2005) 330 MarIus 307-355
36 Pages Posted: 20 Feb 2018
Date Written: November 10, 2004
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.
Keywords: Carriage of Goods by Sea, Charterparties, ISPS Code, SOLAS, BIMCO Voyage Charter Clause, BIMCO Time Charter Clause
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