Study Of A Number Of Legal Issues Of The Ism Code

The traditional safe management of ships centers on that of the ship itself, which is mainly related to the norm of ships, ship equipment and ship technology. However, as far as the practice is concerned, this laid of management cannot work out the problem concerning the safe operation of ship, to the complete satisfaction. In term of the science of management in addition to technical rules, needed are the guaranteeing measures to realize the technical rules and the operational supporting system of the feedback of the carrying out of the technical rules. Only in this way can the role of the technical rules be fully played to reach the goal to layout technical rules, with the aim to be adopted to the tendency of the development of the current international shipping industry, to ensure the safe operation of ships, to strength the control over the factors of human being, hence produced is the International Safety Management Code For the Safe Operation of Ships and for Pollution Prevention (ISM Code) at the 18th conference (1993) of International Maritime Organization (IMO). In May 1994, the conference attended by the countries having signed MO witnessed the approval of the 9th Chapter 揗anagement For The Safe Operation Of Ships?of International Convention of Safe of Life at Sea, making compliance with the Code mandatory. SM Code is international standard about both of safe operation of ships and pollution prevention, urging the company responsible for ships operation as well as the ships in operation, to set up a set of safe management system, which is scientific, systematic, and programmatic and demanding the authority of flag-states or the organization appointed by the flag-state to audit issue certificates to the safe management system of ships. The series of legal issues incurred after the operation of ISM Code, in particulars, the possible effect on the shipping company, has drawn the concern from the circles of ocean shipping and maritime law both at home and abroad. This thesis fairly systematically makes an analysis on the legal issues incurred in ISM Code. Chapter I makes a brief introduction to the background, development, objectives, the main content, ulterior auditing, certificates issuing and the implementation of SM Code. Chapterllis about the effect of ISM Code on the seaworthiness of ships. First, Safety Management Certificate (SMC) and Document of Compliance (DOC) have became new member if the certificates of seaworthiness, shipowners bear much more responsibility than before for manning, equipping and supplying for ships, the concept of due diligence has became simple and explicit. Consequently, a prediction can be drawn that it is absolute seaworthiness under common law. In USA, provided that a shipowner has been discovered that he finds incompliance in auditing but not make any corrective procedures. This negligence is possible to be regarded as the virtues for duty of care and disposal, which are not fully committed. In the light of the provisions of Harter Act, a shipowners shall lose the right to limit his liability. However, American Carriage Of Good by Sea Act (COGSA) holds that not until there is a cargo loss resulting from negligence shall the shipowner lose the right to limit his liability. Chapter III is mainly about the effect of ISM Code on the right of the limitation of liability, the putting into force of ISM Code shall lay no carrier抯 right of unit limitation of liability under Hague Rules. However,...