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Bibliography and relevant material

ISM Code: A practical Guide to the Legal and Insurance Implications

Bibliography and relevant material IMO documents International Convention on the Control of Harmful Anti-fouling Systems on Ships, 2001 International Convention for the Control and Management of Ships’ Ballast Water and Sediments, 2004 International Convention on Civil Liability for Bunker Oil Pollution Damage, 2001 International Convention on Civil Liability for Oil Pollution Damage, 1969 Convention on the International Regulations for Preventing Collisions at Sea, 1972 International Convention for Safe Containers, 1972 Convention on Facilitation of International Maritime Traffic, 1965 1992 Protocol to the International Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damage International Convention on Liability and Compensation for Damage in Connection with the Carriage of Hazardous and Noxious Substances by Sea, 1996 (and its 2010 Protocol) Convention on the International Maritime Satellite Organization, 1976 International Convention Relating to Intervention on the High Seas in Cases of Oil Pollution Casualties, 1969 International Convention on Load Lines, 1966 Convention on Limitation of Liability for Maritime Claims, 1976 International Convention for the Prevention of Pollution from Ships, 1973, as modified by the Protocol of 1978 relating thereto and by the Protocol of 1997 Convention relating to Civil Liability in the Field of Maritime Carriage of Nuclear Material, 1971 International Convention on Oil Pollution Preparedness, Response and Co-operation (OPRC), 1990 Protocol on Preparedness, Response and Co-operation to pollution Incidents by Hazardous and Noxious Substances, 2000 (OPRC-HNS Protocol) Athens Convention relating to the Carriage of Passengers and their Luggage by Sea (PAL), 1974 International Convention on Maritime Search and Rescue, 1979 International Convention for the Safety of Life at Sea, 1974, as amended International Convention on Standards of Training, Certification and Watchkeeping for Seafarers as amended, including the 1995 and 2010 Manila Amendments Convention for the Suppression of Unlawful Acts Against the Safety of Maritime Navigation, 1988, and Protocol for the Suppression of Unlawful Acts Against the Safety of Fixed Platforms located on the Continental Shelf (and the 2005 Protocols) International Convention on Salvage, 1989 International Convention on Tonnage Measurement of Ships, 1969 Resolution A.443(XI) – Decisions of the Shipmaster with regard to Maritime Safety and Marine Environment Protection Resolution A.596(15) – Safety of Passenger Ro-Ro Ferries Adopted 19 November 1987 Resolution A.682(17) – Regional Co-Operation in the Control of Ships and Discharges Adopted 6 November 1991 Resolution A.722(18) – Fatigue factors in manning and safety Resolution A.739(18) – Guidelines for the Authorisation of Organisations acting on behalf of the Administration – amended by MSC.208(81) Adopted 4 November 1993 Resolution A.741(18) – International Management Code for the Safe Operation of Ships and for Pollution Prevention (International Safety Management (ISM) Code) Adopted on 4 November 1993 As amended by MSC.104(73), MSC.179(79), MSC.195(80), MSC.273(85), MSC.353(92) – entered into force 1 January 2015 Resolution A.787(19) – Procedures for Port State Control Adopted 23 November 1995 Resolution A.789(19) – Specifications on the survey and certification functions of Recognised Organisations acting on behalf of the Administration. Adopted 23 November 1995 Resolution A.847(20) Guidelines to assist flag States in the implementation of IMO instruments – superseded by resolution A.973(24) and resolution A.996(25) as amended by resolution A.1019(26) – which were in turn superseded by resolution A.1054(27) Resolution A.884(21) –– Amendments to the Code for the Investigation of Marine Casualties and Incidents (Resolution A.849(20)) Adopted on 25 November 1999 Resolution A.893(21) – Guidelines for Voyage Planning Adopted 25 November 1999 Entered into force 4 February 2000 Resolution A.913(22) – Standards on ISM Code certification arrangements Resolution A.918(22) – IMO Standard Marine Communication Phrases Resolution A.946(23) – Voluntary IMO Member State Audit Scheme. November 2003 Resolution A.996(25) – Code for the implementation of Mandatory IMO Instruments 2007 Resolution A.1047(27) – Principles of Minimum Safe Manning Adopted 30 November 2011 Entered into force 20 December 2011 Resolution A.1052(27) – Procedures for Port State Control 2011 Adopted 30 November 2011 Resolution A.1054(27) – Code for the implementation of mandatory IMO instruments, 2011 Resolution A.1071(28) – Revised Guidelines on the implementation of the International Safety Management (ISM) Code by Administrations Adopted on 4 December 2013 Entered into force 1 July 2014 Resolution A.1075(28) – Guidelines to assist Investigators in the implementation of the Casualty Investigation Code (Resolution MSC.255(84)) Adopted 4 December 2013 Entered into force 24 February 2014 MSC 169(79) – Standards for Owners’ Inspection and Maintenance of Bulk Carrier Hatch Covers MSC.208(81) – Adoption of amendments to the Guidelines for the Authorisation of Organisations acting on behalf of the Administration (Resolution A.739(18)) Adopted 18 May 2006 MSC.255(84) – Code of International Standards and Recommended Practices for a Safety Investigation into a Marine Casualty or Marine Incident (Casualty Investigation Code), 2008. Adopted May 2008 Entered into force 1 January 2010. MSC/Circ.1014 – Guidance on fatigue mitigation and management MSC/Circ.1059 – MEPC/Circ. 401 – Procedures Concerning Observed ISM Major Non-Conformities Adopted 16 December 2002 MSC/Circ. 1074 – Interim Guidelines for the authorisation of Recognised Security Organisations acting on behalf of the Administration and / or Designated Authority of the Contracting Government MSC/Circ. 1093 – Guidelines for periodic servicing and maintenance of lifeboats, launching appliances and on-load release gear 17 June 2003 MSC 81/17/1 – Role of the Human Element – Assessment of the impact and effectiveness of implementation of the ISM Code 21 December 2005 MSC-MEPC.7/Circ.5 – Guidelines for the Operational Implementation of the International Safety Management (ISM) Code by Companies 19 October 2007 MSC-MEPC.7/Circ.6 – Guidance on the Qualifications, Training and Experience necessary for undertaking the role of the Designated Person under the provisions of the International Safety Management (ISM) Code 19 October 2007 MSC-MEPC.7/Circ.7 – Guidance on Near-miss Reporting 10 October 2008 MSC-MEPC.7/Circ.8 – Revised Guidelines for the Operational Implementation of the International Safety Management (ISM) Code by Companies 28 June 2013 ISM Code – International Safety Management Code – with guidelines for its implementation, 4th edn (IMO Publications, 2014) – ISBN 978–92–801–1590–1 – Sale number 1C117E 2014 ‘Guidelines on Fatigue’– ISBN 92–801–5128–2 + MSC/Circ.1014 – 12 June 2001. First published 2002 IMDG Code – International Maritime Dangerous Goods Code 2012 edition came into force 1 January 2014; 2014 edition will come into force 1 January 2016 International Maritime Solid Bulk Cargoes Code 2013 edition ‘IMO – What it is’ (information paper posted on IMO website – www.imo.org ) Undated ‘Adopting a convention, Entry into force, Accession, Amendment, Enforcement, Tacit acceptance procedure’ (information paper posted on IMO website – www.imo.org ) Undated ‘Safety Culture’ (information paper posted on the IMO website – www.imo.org ) Undated ‘Fraudulent Certificates’ (Information paper posted on IMO website – www.imo.org ) Undated STW 44/4 – ‘Unlawful Practices Associated with Certificates of Competency – Reports of fraudulent certificates.’ 14 March 2013 ‘Maritime Administrations – National Authorities Maintaining Registers of STCW Convention Certificates and Endorsements’ (information paper on IMO website) Updated 26 June 2014 ‘International Maritime Organisation (IMO) & International Labour Office (ILO) (1999) – IMO / ILO Guidelines for the Development of Tables of Seafarers’ Shipboard Working Arrangements and Formats of Records of Seafarers’ Hours of Work or Hours of Rest ’ 1999 ILO documents Maritime Labour Convention, 2006 7 February 2006 Convention on Seafarers’ Hours of Work and Manning of Ships, 1996 (No. 180) 1996 Accident prevention on board ship at sea and in port 1996 ‘International Maritime Organisation (IMO) & International Labour Office (ILO) (1999) – IMO / ILO Guidelines for the Development of Tables of Seafarers’ Shipboard Working Arrangements and Formats of Records of Seafarers’ Hours of Work or Hours of Rest ’ 1999 UK government documents Merchant Shipping Act 1995 – Chapter 21 – Part XI – Accident Investigations and Inquiries MCA Marine Information Note – MIN 342(M) – ‘International Safety Management (ISM) Code Implementation on Domestic Vessels’ Statutory Instrument – 1988 No. 1716 – The Merchant Shipping (Operations Book) Regulations 1988 1988 Statutory Instrument – 1997 No. 2962 – The Merchant Shipping and Fishing Vessels (Health and Safety at Work) Regulations 1997 1997 Statutory Instrument 1997 No. 3022 – The Merchant Shipping (ISM Code) (Ro-Ro Passenger Ferries) Regulations 1997 1997 Statutory Instrument 1998 No. 1561 – The Merchant Shipping (International Safety Management (ISM) Code) Regulations 1998 1998 Statutory Instrument 1998 No. 1838 – Merchant Shipping (Code of Safe Working Practices for Merchant Seamen) Regulations 1998 1998 Statutory Instrument – 2012 – Merchant Shipping: The Merchant Shipping (Accident Reporting and Investigation) Regulations 2012 31 July 2012 Statutory Instrument – 2013 No. 2882 – The Merchant Shipping (Accident Reporting and Investigation)(Amendment) Regulations 2013 31 December 2013 Carriage of Goods by Sea Act 1924 1924 Carriage of Goods by Sea Act 1971 1971 M Notice 1188 (1986) – superseded by M Notice 1424 – Good Ship Management August 1990 Marine Guidance Note – MGN 458 (M+F) – Accident Reporting and Investigation October 2012 Maritime and Coastguard Agency, ‘Code of Safe Working Practices for Merchant Seamen’ (TSO, under licence from HMSO, 2014), ISBN 978–0-11–553170–5 Consolidated edition 2010 – with Annexes – 2014 Department of Transport (UK), MV Herald of Free Enterprise. Report of Court No. 8074 – Formal Investigation (Hon. Mr Justice Sheen, Wreck Commissioner), 29 July 1987 (Her Majesty’s Stationery Office, 1987), ISBN 0 11 5508287 29th July 1987 Tavistock Institute (on behalf of the UK DOT), The Human Element in Shipping Casualties (HMSO, 1988) ISBN 0 11 551004 4 1988 Safety Aspects of Ship Design and Technology produced by the House of Lords Select Committee on Science and Technology, under the then chairmanship of Lord Carver. 1992 The Thames Safety Inquiry report on the Marchioness disaster – and ‘Marchioness / Bowbelle – Formal Investigation under the Merchant Shipping Act 1995’ – HMSO – First Published 2001 – ISBN 0 11 702550 December 1999 2001 Managing for Health and Safety (UK Health and Safety Executive, 3rd edn, 2013), ISBN 978–0-7176–64566 2013 Other governmental and inter-governmental documents European Union Council Directive 2009/15/EC of the European Parliament and of the Council of 23 April 2009 – on common rules and standards for ship inspection and survey organisations and for the relevant activities of maritime administrations. 23 April 2009 Regulation (EC) No. 336/2006 of the European Parliament and of the Council of 15 February 2006 – on the implementation of the International Safety Management Code within the Community and repealing Council Regulation (EC) No. 3051/95 15 February 2006 Council Directive 1999/63/EC – Seafarers Directive concerning the Agreement on the organisation of working time of seafarers 21 June 1999 Council Regulation (EC) No. 3051/95 – On the safety management of roll-on / rolloff passenger ferries 8 December 1995 United States Title 33 CFR – Navigation and Navigable Waters – Chapter 1 – Coast Guard, Department of Homeland Security – Subchapter F – Vessel Operating Regulations – Part 96 – Rules for the Safe Operation of Vessels and Safety Management Systems: 23 January 1998 Safety Management System Manual – developed by Commandant (G-MSO-2) – US Coast Guard 8 January 2003 Section 415 of the Coast Guard and Maritime Transportation Act of 2004 + ’46 CFR Subchapter ‘M’ 2004 IACS documents Guidelines on Marine Accident Investigation Reports Feb 2014 IACS Proc. Req. No. 9 – Procedural Requirements for ISM Code Certification Rev. 2 Sep 2012 IACS Proc. Req. No. 10 – Procedure for the Selection, Training, Qualification and Authorisation of Marine Management Systems Auditors Rev. 1 Sep 2012 IACS Proc. Req. No. 17 – Reporting by Surveyors of Deficiencies relating to Possible Safety Management System Failures Rev. 0 July 2009 IACS Proc. Req. No. 18 – Transfer of Safety and Security Management System Certification Rev. 1 Sept 2012 IACS Rec. No. 41 – Guidance for IACS Auditors to the ISM Code Rev. 4 Dec 2005 IACS Rec. No. 71 – Guide for development of shipboard technical manuals IACS Rec. No. 92 – IACS Guidelines for ISM Code and ISPS Code aligned audits and SMC and ISSC expiration dates alignment Corr. 1 July 2006 IACS Rec. No. 127 – A Guide to Risk Assessment in Ship Operations June 2012 General reference documents and publications ‘Analysis of Major Claims’ – produced by the United Kingdom Mutual Steamship Assurance Association (Bermuda) Limited, through its managers, Thomas Miller P&I. 1991 ‘Assessment and Development of Safety Management Systems – Part 1 – Assessment Checklist’ – International Chamber of Shipping 1997 Auditing the ISM – A Guide for ISM Auditors – Ajoy Chatterjee – Published by the Institute of Marine Engineer (India) – ISBN 81 902330–0-9 1st edition 2004 Bridge Procedures Guide – Produced by the International Chamber of Shipping – Published by Marisec Publications Fourth edition – 2007 Bridge Team Management – A practical guide – by Captain A J Swift and Captain T J Bailey – Published by the Nautical Institute – ISBN 1 870077 66 0 2nd edition – 2004 ‘The Corporate culture vulture’, B Uttal, Fortune , 17 October 1983 Cracking the Code – The relevance of the ISM Code and its impact on shipping practices – Dr Phil Anderson – with Captain Stuart Nicholls, Captain John Wright and Captain Sean Noonan – Published by the Nautical Institute – ISBN 1 8700 77 63 6 2003 IHS Fairplay – DPA Handbook – A practical guide to the role and responsibilities of the Designated Person Ashore under the ISM Code – Mick Caulkin – ISBN: 978–1-906313–53–1 – ISSN: 2049–3657 – Published by IHS Global Limited – 2012 2012 Guidelines on the Application of the IMO International Safety Management (ISM) Code Published by Marisec Publications – Produced by International Chamber of Shipping (ICS) and International Shipping Federation (ISF) Fourth edition – 2010 International Safety Guide for Oil Tankers and Terminals (ISGOTT) Jointly produced by: International Chamber of Shipping (ICS) Oil Companies International Marine FORUM (OCIMF) International Association of Ports and Harbours (IAPH) Fourth edition – 2004 ‘The ISM Code: the road to discovery?’ – Inaugural Memorial Lecture of Professor Cadwallader – Lord Donaldson of Lymington – The London Shipping Law Centre – Published at [1998] LMCLQ 526 26 March 1998 ‘The ISM and ISPS Codes: Influence on the evolution of liabilities’ – Mr Simon Kverndal QC – Paper presented at the Second International Colloquium, organised by the Institute of International Shipping and Trade Law, Swansea University, held at Swansea on 14–15 September 2006. Published in ‘Liability Regimes in Contemporary Maritime Law’ – Chapter 9 – Edited by Professor D. Rhidian Thomas – Published by Informa Law, 2007 – ISBN 978–184311–654–7 2006 ‘Manpower 2010 Update’ – The Worldwide demand for and supply of Seafarers – Highlights – based on the research study commissioned by BIMCO and ISF – conducted by Warwick Institute for Employment Research – of the University of Warwick with assistance from the International Maritime Conventions Research Centre – Dalian Maritime University – PRC. 2010 Managing the Risks of Organisational Accidents – James Reason – Ashgate Publishing Ltd. – 1997 – ISBN 13: 978 1 84014 1047 1997 Merriam-Webster online dictionary – www.merriam-webster.com/dictionary Accessed August 2014 ‘A Roadmap to a Just Culture: Enhancing the Safety Environment’. Prepared by: GAIN Working Group E, Flight Ops/ATC Ops Safety Information Sharing First edition September 2004 Accessed on website of Colorado Firecamp – www.coloradofirecamp.com/just-culture2004 ‘Safety Culture’ – undated pamphlet produced by the International Shipping Federation – accessed through the IMO website Undated UK HSE – Common topic 4 – Safety culture www.hse.gov.uk/humanfactors/topics/common4 Undated UK HSE – Human Factors Briefing Note No. 7 – Safety Culture http://www.hse.gov.uk/humanfactors/topics/07culture Undated Shipman 98 – BIMCO Code of Good Management Practice in Safe Ship Operations – ICS / ISF Publication 1981 Hague Rules – International Convention for the Unification of Certain Rules Relating to Bills of Lading, signed at Brussels 25 August 1924” 25 August 1924 ‘Safe Transport of Containers by Sea’ – Produced by the International Chamber of Shipping and the World Shipping Council 2009 ‘Tanker Safety Guide (Liquefied Gas)’ – Produced by the International Chamber of Shipping 1995 Bulk Carrier Practice – Published by the Nautical Institute 2nd edition 2010 Kostas Bachxevanis – ‘Crew Negligence and Crew Incompetence – Their Distinction and its Consequences’ (2010) 16 JML 102 2010 Roger White – ‘The human factor in unseaworthiness claims’ [1995] LMCLQ 221 1995 Peter Martyr – ‘ISM Code / Pollution – Lawyer’ presented at The International Marine Insurance Conference – ‘A Time for Change’ held in London on 12/13 February 1997 Tanker Management and Self Assessment 2 – A best-practice guide for vessel operators – produced by OCIMF – Published by Witherby Seamanship International – ISBN 1 905331 231 2nd edition 2008

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