The ISM Code and the ISPS Code: A critical legal analysis of two SOLAS regimes

Within the comprehensive body of law encompassed by the International Convention on Safety of Life at Sea, 1974 (SOLAS), there are two regimes that are topical and outstanding in the current maritime milieu. These are the international safety management and the international ship and port facility regimes, both characterized by two codes serving as the centre of gravity of each, namely, the ISM Code and the ISPS Code, respectively. In this article the concept of the code as a legal instrument is perused following which a critical legal analysis is carried out of the two above-mentioned Codes, including their backgrounds, the evolutionary process culminating into the regimes and their interrelationships. Several anomalies and inadequacies in the two regimes are identified but in the final analysis it is concluded that both instruments are salutary additions to the body of convention law generated by the International Maritime Organization (IMO). They will undoubtedly influence the continuing development of international law in the field of maritime safety and security.