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Lloyd's Maritime and Commercial Law Quarterly

Potential legal ramifications of the International Ship and Port Facility Security (ISPS) Code on Maritime Law

Bariş Soyer * and Richard Williams **

The main response of the shipping sector to the tragic events of 11 September 2001 was the development of the ISPS Code, a regulatory framework designed to detect and eliminate security threats affecting ships and port facilities used in international trade, which came into force on 1 July 2004. Despite carrying notions of public law, it is inevitable that the Code will change the way in which commerce is conducted simply because of the fact that it imposes several obligations on leading players in international trade. The main objective of this article is to consider potential implications of the ISPS Code on certain aspects of maritime law. The authors’ intention is to analyse the impact of ISPS-related contractual clauses, which have already been developed by the market, and to make predictions as to how the Code might affect the existing legal rules and principles in the years to come.

I. BACKGROUND TO THE ISPS CODE

The security risk faced by the maritime domain is not a recent phenomenon. The vulnerability inherent in the operational dynamics of the maritime industry has made the sector a potential target for criminals1 and terrorists2 for many years. Following the terrorist attack on the World Trade Centre in New York on 11 September 2001, the maritime industry, like others, has put the security issue at the top of its agenda. Just over a year later, the fast-boat suicide attack on the French-flagged VLCC Limburg in October 2002 was a timely reminder of the magnitude of the security threat facing the maritime industry in the new millennium.

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