LEGAL AND PRACTICAL CONSEQUENCES OF NOT COMPLYING WITH ISM CODE

It has been confirmed that some shipping companies could not meet the deadline set for complying with the International Management Code for the Safe Operation of Ships and for Pollution Prevention (ISM code) for 1998, though available statistics show that most parties concerned have been ISM certified. What the legal consequences would be for such failure is the question on the minds of many people concerned. This paper sets out to deal with this question by answering, among other things, the following questions: would such a failure amount to unseaworthiness in the conventional international bills of lading law; would such a failure provide valid defenses to marine insurers for rejecting a related claim or prompt the establishment of a new precondition for purchasing insurance; would such failure deprive a shipowner of the right to limit his liability under the international conventions concerned; and would such failure make the ships concerned more liable to detention at ports.

• Availability:
  • Find a library where document is available. Order URL: http://worldcat.org/oclc/2899960
• Corporate Authors:

  Taylor & Francis

  4 Park Square, Milton Park
  Abingdon,   United Kingdom  OX14 4RN
• Authors:
  • Chen, Long
• Publication Date: 2000-7

Language

• English

Media Info

• Features: References;
• Pagination: p. 219-230
• Serial:
  • Maritime Policy & Management
  • Volume: 27
  • Issue Number: 3
  • Publisher: Taylor & Francis
  • ISSN: 0308-8839
  • EISSN: 1464-5254
  • Serial URL: http://www.tandfonline.com/loi/tmpm20

Subject/Index Terms

• TRT Terms: Bulk carriers; Cargo ships; Chemical tankers; Compliance; Crashes; Legal action; Liability; Marine insurance; Oil tankers; Passenger ships; Quality assurance; Seaworthiness; Shipping; Standards; Tonnage
• Identifier Terms: ISM Code
• Subject Areas: Environment; Law; Marine Transportation; Operations and Traffic Management; Safety and Human Factors;

Filing Info

• Accession Number: 00798431
• Record Type: Publication
• Files: TRIS
• Created Date: Sep 15 2000 12:00AM