Influence Of ISPS Code On The Carrier's Obligation Of Seaworthy Under International Carriage Of Goods By Sea

ISPS Code is the abbreviation of the International ship and port Facility Security Code. It is one of the most important acts promulgated by IMO concerned about the security of international ship and port. This act which took effect completely on 1st July 2004 provides an international law frame for the security of ships and ports facilities and makes risk management. It was brought into and carried out compulsorily by SOLAS Convention 2002 as amended. It is well-known to all that ISPS Codes belongs to public law but it will affect the rights, obligations and duties of the parties who perform international contract of carriage of goods by sea and affect sea transportation trade and insurance.As a focus of international maritime law society and transporting circle, responsibility of seaworthy is one of "least legal obligations" of carriers. The seaworthiness of vessel has always been a basic and paramount obligation of carriers who engage in carriage of goods by sea .It requires that the carrier "shall be bound before and at the beginning of the voyage to exercise due diligently to: a) Make the ship seaworthy; b) Properly man, equip and supply the ship; c) Make the holds, refrigerating and cool chambers, and all other parts of the ship in which goods are carried, fit and safe". However, since the ambiguity of the related international conventions and various domestic legislations, as well as the differences in practice, there always have been lots of controversy and misunderstandings regarding to this issue for a long time.There are surely too much influences of ISPS Code on duties and rights of the carriers under relevant maritime law. In addition, In order to operate in the international route, a ship must pass ISPS inspection first. The promulgation of ISPS code influences the international shipping deeply, not only to the multimode transportation link made of seaman, ships and ports, but also to the entire system of international shipping trade. In order to control the length of my article, I just analysis on the influence of ISPS Code to the maritime carrier' responsibility of seaworthy. In this article, I come from the new requirements on the shipping company by this new act, and then compare the charactersof carriage of goods by sea and ship security, finally I will try to draw some conclusions from the influence of ISPS code to the maritime carrier's responsibility of seaworthy.