An analysis of port state control inspections related to the ISPS Code

Jens-Uwe SCHRÖDER Assistant Professor

Maximo Quibranza MEJIA Jr Lecturer

Proshanto Kumar MUKHERJEE ITF Professor of Maritime Safety and Environmental Protection

World Maritime University, Malmö, Sweden

Fotis Mikis MANOLIS
Ph.D. Candidate
World Maritime University; and School of Law, University of Wales Swansea

Sven DREESSEN
Ph.D. Candidate
Scandlines Deutschland GmbH

Abstract

The recently implemented International Shipboard and Port Facility Security (ISPS) Code [1] requires security assessments for ships and port facilities. Although Part B provides elaborate guidance on issues to be observed and included into such risk assessments a generally accepted methodology to carry out such risk assessments is not prescribed in the Code. This allows for subjective expert judgement as the basis for security risk assessments. However, subjective risk assessment will vary in scope and results. This is a normal feature of any risk assessment involving opinions of different individuals. This would in principle not cause any harm if legal consequences would not be involved in case a ship or its cargo was subject to a security incident. Legal experts voiced opinions that in such a situation they would challenge the security risk assessment. In case that issues connected to the security incident in question that harmed ship or cargo was not addressed properly in the security assessment they would question the seaworthiness of the ship. This would of course have far reaching liability consequences for ship owners. The question therefore is how ship owners can be protected against uncertainty resulting from imprecise standards for security risk assessment of the ISPS Code.

Keywords: Maritime security, security risk assessment, seaworthiness.