The place of the ISPS Code in the legal international regime: For the security of international shipping

The adoption of the International Ship and Port Facility Security Code (ISPS Code) is the latest response of the international shipping community to the increasing threat posed by acts of terrorism at sea. The ACHILLE LAURO incident of 1985 showed that the traditional law against piracy was not adequate to deal with new types of unlawful acts against international shipping, especially those involving acts of terrorism. The 1988 Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation (SUA Convention) and the technical and administrative measures adopted by the Maritime Safety Committee of IMO in 1986 and 1996 attempted to develop a broader regime to deal with unlawful acts against international shipping.However, the events of September 11, 2001 showed that additional measures were still needed to prevent terrorist attacks against ships. One of the measures taken by IMO for this purpose was to adopt amendments to the SOLAS Convention to prevent ships and their cargoes from becoming the targets of terrorist activities. The International Ship and Port Facility Security Code (ISPS Code) is a supplement to the amendments, and it is intended to provide a special mechanism to safeguard security in ports and related facilities. The Code establishes co-operation between government agencies and the shipping and port industries in detecting security threats and preventing security incidents affecting ships in ports or the port facilities themselves. It introduces effective elements of prevention and deterrence into the international regime against terrorism in all its forms. As such it can play a major role in the efforts to enhance maritime security and promote safety and efficiency of international maritime transport. © 2004 World Maritime University.