Anti-terrorism Measures On The Carriage Of Goods By Sea

The terrorist attacks on various targets in the United States that took place on September 11, 2001 have forever altered maritime operations around the world. One concern with security matters has changed fundamentally the way that owners, charterers, shippers, consignees and ports facility operators do business in the U.S., as well as in other countries. The other concerns include that vessels can be used to transport terrorists, their weapons, or to carry out attacks. U.S. government adopted a series of new maritime security measures, and the maritime antiterrorism stratagem.All the various security laws and regulations are important in keeping the shipping industry safe from terrorism, however, these measures also brought shipping industry some problems inevitably, changing the maritime transportation management in the world, was going to also bring unprecedented influence to the whole global economy.Therefore, this paper introduced all of the U.S. maritime security measures, and emphasized the influence of these measures to the shipping industry. The purposes of this paper are to focus on the disputes that can be anticipated from their implementation of these security laws and regulations in the charter parties and to suggest ways of minimizing the consequences, and also argues that requiring transparency of vessel ownership will not help prevent terrorist activity and may have negative effects on both the international shipping industry and the global economy.Chapter I Terrorism under international law, analyzes the definition and the jurisdiction of Piracy and Terrorism, the difference between of them, and reconciling the law of Piracy and Terrorism, the difference of war and Terrorism, and the provision of war and Terrorism in the Charter Parties.Chapter II the United State's maritime security measures, mainly three aspects: Port Security; Vessel Security; Cargo Security.Chapter III the disputes of the antiterrorist measures under the charter parties, the disputes are mainly time delay and security inspection.Chapter IV MTSA and ISPS Clauses for Time and Voyage Charter Parties, ship owners, P&I clubs and charterers have drafted new clauses to implement the MTSA and ISPS for their interests. These clauses have helped parties amicably settle all disputes regarding the consequences of the ISPS Code and MTSA.Chapter V Vessel Ownership and Terrorism, analyzes the history of protecting the vessel ownership, and vessel ownership today: protection through anonymity, and the impact of transparency of vessel ownership on terrorism, the shipping industry, economy, and consumers.