controversies surrounding the ISPS Code

Topics: Piracy, International Maritime Organization, International Ship and Port Facility Security Code Pages: 21 (3535 words) Published: December 3, 2013

INTRODUCTION
IMO was formed in 1948 with after acknowledgement of the need to improve safety at sea through development of international regulations. IMO is a permanent international body and an agency of the United Nations, which in brief, regulates the shipping industry. IMO promotes maritime safety through development of international regulations which are to be followed by all shipping nations. IMO plays a key role in ensuring that lives at sea are not put at risk and that the marine environment is not polluted by shipping - as summed up in IMO's mission statement: Safe, Secure and Efficient Shipping on Clean Oceans1. It can be seen from IMO’s mission statement that maritime safety is directly related to maritime security. Only a secure environment would be safe.

Security was not much of a concern till the tragic event of 9/11 attacks on the US. All sectors of the society and industry raised eye brows and security became a prime concern in all walks of life.

Shipping industry also reciprocated to the uproar.
International Ship and Port Facility Security Code (ISPS Code), an internationally agreed upon regulatory framework that seeks to address maritime security, was enacted immediately after 9/11 terrorist attacks. ISPS code was made mandatory under the SOLAS Convention – this is how IMO linked safety to security.

ISPS Code came into force on 1st July 2004. Today it has been more than 5 years since the implementation of the ISPS code. This paper will examine the controversies surrounding the ISPS Code, its rationale and safety objectives and whether these have been met, how it affected the industry and conclude recommendations for reconstruction of the policy so as to enhance maritime security and safety.

A number of websites and online databases were referred to for the purpose of this study and have been appropriately referenced in the endnotes.

1

TABLE OF CONTENTS

1. IDENTIFICATION OF POLICY
2. THE CONTROVERSY
3. RATIONALE BEHIND THE ISPS CODE
4. SAFETY OBJECTIVES OF THE ISPS CODE
5. SIDE EFFECTS OF SOMALI PIRACY – FINANCIAL IMPACTS
6. RECONSTRUCTION OF THE ISPS CODE
6.1 EXISTING MEASURES TO CURB SOMALI PIRACY
6.2 EFFECTIVENESS OF EXISTING MEASURES TO CURB SOMALI PIRACY 6.3 FURTHER MEASURES REQUIRED TO CURB SOMALI PIRACY
6.4 RECOMMENDATIONS FOR RECONSTRUCTION OF THE ISPS CODE

2

1. IDENTIFICATION OF POLICY
IMO’s policy to enhance maritime security through implementation of ISPS Code will be discussed in this assignment.
ISPS Code was formulated after the catastrophic 9/11 terror attacks on the US. Many innocent lives were lost due to a lapse in security. Need to enhance maritime security was then felt by the shipping industry.

The need for a policy or regulation for enhancing maritime safety was mainly at the behest of US government concerned about the possibility of terrorist organisations doing something like turning a liquid propane tanker into a floating suicide bomb and setting it off in a major American port2. Such an incident could have had catastrophic results. SOLAS Convention, which was primarily concerned with Safety Of Life At Sea and seaworthiness of vessels, was amended to include ‘measures to enhance maritime security’ and these amendments are known as the ‘International Ship and Port Facility Security Code’ (ISPS Code). ISPS contemplates other threats like the hiring of terrorists onto ship crews and the smuggling of explosives and detonators onto vessels3.

The last decade saw an increased focus on maritime security. ISPS Code was formulated and made mandatory within a very short span of time, merely 18 months after its adoption. Following the 9/11, Assembly resolution A.924(22) in November 2001 called for a review of the existing international legal and technical measures to prevent and suppress terrorist acts against ships at sea and in port, and to improve security aboard and ashore4. The aim was to reduce risks to passengers, crews and port personnel on board...

Bibliography: Shipping Community’, WMU Journal of Maritime Affairs, Vol. 3, No.2, (2004)
Maritime Security Centre Horn of Africa, World Wide Web, http://www.mschoa.org
International Maritime Organisation, World Wide Web, http://www.imo.org/, (accessed 25
Dec 2009)
Shipping Community’, WMU Journal of Maritime Affairs, Vol. 3, No.2, (2004), pp.123–138.
Shipping Community’, WMU Journal of Maritime Affairs, Vol. 3, No.2, (2004), pp.123–138.
Dec 2009)
7
International Maritime Organisation, World Wide Web,
http://www.imo.org/home.asp?topic_id=1178, (accessed 25 Dec 2009)
http://www.iccccs.org/index.php?option=com_content&view=article&id=376:unprecedented-increase-insomali-pirate-activity&catid=60:news&Itemid=51 (accessed 24 Dec 2009)
9
http://www.imo.org/home.asp?topic_id=1178, (accessed 25 Dec 2009)
11
http://www.imo.org/home.asp?topic_id=1178, (accessed 25 Dec 2009)
13
http://www.mschoa.org/FairplayStoryDisplay.aspx?articlename=dn0020091223000008,
(accessed 28 Dec 2009)
Continue Reading

Please join StudyMode to read the full document

You May Also Find These Documents Helpful

  • Essay about Isps Code
  • Isps Code and Thw Imo Essay
  • The Controversy Surrounding the Church of Scientology Essay
  • Controversies Surrounding Classification of Disorders Essay
  • The Controversy Surrounding the Adventures of Huckleberry Finn Essay
  • Essay on A report on Arranged Marriages, and the controversy surrounding it.
  • Controversy Essay
  • History, Construction, and Controversy Surrounding the Eiffel Tower Essay

Become a StudyMode Member

Sign Up - It's Free