The ISPS Code, Port Security And Seafarer Protection: A Critical Legal Analysis Of Flag State, Port State And Labour-Supplying State Responsibilities In India
Anjana Ajayan, LL.M. (Maritime Law), Bharata Mata School of Legal Studies, Aluva, Kerala, India
ABSTRACT
The International Ship and Port Facility Security (ISPS) Code, given mandatory effect through Chapter XI2 of the International Convention for the Safety of Life at Sea (SOLAS), constitutes the principal international framework for the security of ships and port facilities. Although the Code is principally directed towards preventing unlawful interference, its implementation occurs within a workplace in which seafarers, port workers, shipowners, port authorities and public agencies interact. This article examines the relationship between maritime security and maritime labour, with particular emphasis on the allocation of responsibilities among flag States, port States and labour-supplying States. It analyses the legal structure and operational mechanisms of the ISPS Code, including security assessments, security plans, security levels, designated security officers, access control, ship security alerts, declarations of security, drills, audits and verification. It then examines the complementary role of the Maritime Labour Convention, 2006, the STCW Convention, the ISM Code and UNCLOS. The article also evaluates India’s contemporary statutory framework under the Merchant Shipping Act, 2025 and the Indian Ports Act, 2025. It argues that maritime security and seafarer protection should be implemented as interconnected elements of maritime governance. Effective regulation requires risk-based decision-making, proportionate restrictions, competent inspection, inter-agency coordination, meaningful training, cybersecurity preparedness and protection of essential welfare and employment interests during heightened security conditions.
Keywords: ISPS Code; maritime security; port security; SOLAS; seafarers; Maritime Labour Convention; flag State; port State control; labour- supplying State; Merchant Shipping Act, 2025; Indian Ports Act, 2025.
