Date of Award
Master of Science in Maritime Affairs
Maritime Administration & Environmental Protection
The entry into force of the ISM Code will be one of the most important events in shipping. The implementation of the ISM Code will bring extensively impact in the shipping industry. This dissertation tried to analysis the impact of the ISM Code in the maritime field. It has focused on three main areas, namely the implementation of the ISM Code, the impact on limitation of liability and the impact on marine insurance. The ISM Code only can make functions after it has been implemented properly and effectively. In order to achieve this objective. Flag States, Port States, Classification Society and Shipowners shall work together and carry out fully implementation of the ISM Code. It could not be function well enough if they worked isolation. Any shipping company who does not implemented the ISM Code sufficiently will face serious outcome. Ships which do not carry ISM certificates will face negative consequences, not only they will be detained by Port State Control, but also it is impossible to find a cargo because most ship-brokers will inevitably make ISM certification a conditon of charter. The ISM Code will bring impacts on the shipowners limitation of liability. Obviously, due to the character of the ISM Code, it is convenient for the claimant to find some evidences to proof whether the shipowner has actual fault or with the intent to cause such a loss or with the knowledge that such a loss would probably result. With the success of such proof, the shipowner will be deprived of the limitation of liability. With the establishment of the Designated Person(s) with the ISM system, it is difficult for the shipowner to take a black eye for the deficiency found on board its ships, if he continue doing so, his limitation of liability will possibly be challenged. The ISM Code brings some changes in marine insurance. P&I Clubs changed the rule of its insurance in the light of the coming into force of the ISM Code. The insured probably is not entitled to get his cover as a result of the breach of the ISM Code.
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