International Safety Management
ISM Code
ISM safety code
Acting as a mandatory regulation, ISM Code usually lays down standards of shipowner's responsibility for safe management of ships and pollution prevention accepted internationally. The obligation of the shipment owner is to establish, maintain as well as implement a Safety Management System that is to meet the ISM Code's requirements.
The aspects of civil liability's impact is to be focused on the impact on liability of shipowner for cargo loss or damage, in addition to shipowner's legal right to limit his liability for claims. Some of the concepts such as seaworthiness, actual fault and privity, crew's negligence, the role of the designated person and recklessness with knowledge are to be considered. There has already been a change in the conditions in terms of policies that meet the requirement of the ISM Code through Hull and Machinery (H & M) underwrites and protection and Indemnity (P & I) clubs. ISM Code will test the shipowners' liability for keeping their ships in seaworthy condition and their duty of disclosure.
The ship-owners can use the ISM Code to act as a proof of best practice compliance. The assembly of the International Maritime Organization (IMO) adopted International Safety Code (ISM Code) in 1993 as a resolution A. 741(18). This is from culmination of a series of resolutions that has been adopted by IMO, and are working with accordance to guidelines on management procedures in making sure that it exist a safest environment for ships operations and maximum attainable prevention of marine pollution. Out of these disasters, people lose their lives in addition to creating a serious damage to the marine environment. The shipping industry as well suffers a serious economic loss. From the claims of P & I insurance within the period 1987 to 1990, the cost of P & I insurance, went up to an average more than 200 per cent.
The same developments took place to the Hull and Machinery claims and premium. More attention therefore has been turned to these accidents by the international organizations, government agencies, industry and the public. According to the researches that have been done by industry and government agencies in trying to find where the problem lies, reveals a common factor that the accidents are basically caused by humans failings.
Following such high profile incidents as well in response to political pressure, the ISM Code came into being. It is always a short document which has 13 articles long. It forms the first step that had been taken by IMO in minimizing human error in addition to managing deficiencies as causative factors in maritime casualties, (Ogg, T., 1996). Basing the fact that it is because of human error that largely contributes to marine accidents and most of them have been traced to management, the ISM Code works more particularly in improving the software of shipping, (Mandaraka-Sheppard, A., 1996).
The impact of the ISM Code on shipowner's civil liability
The impact on shipowner's liability for loss of or damage to cargoes
Carrier's liability based on the cargo will be determined as per The Hague or Hague-Visby Rules. Even though the International Safety Management Code is not involved directly to the issues of carriage of goods by sea, it will still have effect on the manner in which carriers' liability will be assessed in case of loss of or damage to cargo, (Lord Donaldson of Lymington, 1998).
The Hague and Hague-Visby Rules
The Hague-Visby Rules defines that the carrier is the party who enters into a contract of carriage with the shipper and owner or the charterer is included. However in several instances, the carrier for the purposes of the Hague-Visby Rules becomes the shipowning company, though it can happens that the carrier becomes a demise charterer or time charterer. This applies to the "company" though the carrier does not include the manager.
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