The ISM code : a reexamination of certain Maritime law principles

Maritime Safety is one of the most important issues dealt with by the International Maritime Organization (IMO). With the aim at improving maritime safety and pollution prevention, in 1994 SOLAS 1974 was amended and Chapter IX entitled "Management for the Safe Operation of Ships" was added, giving in this way existence to the International Safety Management Code. This amendment took place through the tacit acceptance procedure implemented by IMO, thus it has a mandatory character for SOLAS Contracting States. The Code was established to have effect in two stages, the first stage took place on July 1 1998, and the second stage will take place on July 1 2002.The ISM Code establishes requirements, which, although not completely new to the maritime industry, will have great incidence in the way maritime activities are carried out to date. Shipping Companies will suffer alterations on their management structure and certain principles in maritime law will probably be changed with the introduction of the Code, however, the precise effects of the ISM Code cannot be outlined before its full implementation takes place in 2002