Publicznoprawne obowiązki armatora w zakresie bezpieczeństwa i ochrony statku, wynikające z kodeksów ISM oraz ISPS
Public Law Obligations of the Company with Regard to the Safety and Security of the Ship

Summary/Abstract: Resulting from the ISM and ISPS CodesHuman maritime activities should benefit those who carry out these activities and not jeopardizethe interests of the local community, the State, or the international maritime community.Maintaining this balance requires that the public interest be taken into account in maritime lawby subjecting these activities to far-reaching and sometimes very detailed public law regulationscontaining injunctions or prohibitions of appropriate behavior. These regulations are addressedto different actors, e.g. shipowners, masters, and even seagoing vessels, and containtechnical standards which must be respected. Examples of such regulations are the provisionsof the SOLAS Convention and the accompanying ISM and ISPS Codes. Some of the obligationsarising from the provisions of these Codes, and in particular the ISPS Code, are of a new natureand have new social significance. Therefore, despite the civil law nature of contracts concluded by shipowners, charterers, and ship managers, the freedom of contractual arrangements is subjectto significant restrictions when confronted with the issues contained in these Codes. Thepublic interest is put before the private interest. Shipowners are obliged to perform tasks thatthey would not undertake themselves, as they involve both costs and difficulties in operatingthe vessel. However, the social benefits of complying with the requirements of both Codes areindisputable. It results in fewer accidents, safe ports, and clean seas.

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