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Legal and practical consequences of not complying with ISM code

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  • Liang Chen

Abstract

It has now been confirmed that some shipping companies could not meet the deadline set for complying with the ISM code for 1998, though available statistics show that most parties concerned have been ISM certified. What the legal consequences would be for such failure is the question on the minds of many people concerned. This paper sets out to deal with this question by answering, amongst other things, the following questions: (i) Would such a failure amount to unseaworthiness in the conventional international bills of lading lawff(ii) Would such a failure provide valid defences to marine insurers for rejecting a related claim or prompt the establishment of a new pre-condition for purchasing insuranceff(iii) Would such failure deprive a shipowner of the right to limit his liability under the international conventions concernedff(iv) Would such failure make the ships concerned more liable to detention at ports?

Suggested Citation

  • Liang Chen, 2000. "Legal and practical consequences of not complying with ISM code," Maritime Policy & Management, Taylor & Francis Journals, vol. 27(3), pages 219-230.
    • Handle: RePEc:taf:marpmg:v:27:y:2000:i:3:p:219-230
    DOI: 10.1080/030888300411077
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    Cited by:

    1. Angelos Pantouvakis & Maria Karakasnaki, 2016. "An empirical assessment of ISM Code effectiveness on performance: the role of ISO certification," Maritime Policy & Management, Taylor & Francis Journals, vol. 43(7), pages 874-886, October.

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