SECURITY LEVELS: ISPS CODE

The International Ship and Port Facility Security (ISPS) Code is a comprehensive set of measures adopted by the International Maritime Organization (IMO) under the Safety of Life at Sea (SOLAS) Convention. Established in response to heightened concerns about maritime terrorism and unlawful acts after the September 11, 2001 attacks, the ISPS Code entered into force on July 1, 2004. Its primary objective is to enhance the security of ships and port facilities by establishing a standardized, consistent framework that enables governments, shipping companies, port authorities, and other stakeholders to collaborate in identifying and addressing threats to maritime security. The ISPS Code is divided into two main parts. Part A is mandatory and lays down detailed requirements for governments, shipowners, and port facilities to follow. Part B contains recommended guidelines that provide flexibility in implementation but are not legally binding. Together, these parts form a comprehensive approach to maritime security, balancing strict compliance with adaptable measures tailored to specific risks and operational environments. Since its inception, the ISPS Code has been continuously updated to address evolving threats, including cyber risks, piracy, and organized crime affecting global trade routes. The Code applies to ships engaged in international voyages, including passenger ships, cargo ships of 500 gross tonnage and above, mobile offshore drilling units, and port facilities serving such ships. Each ship must have an approved Ship Security Plan (SSP) and designate a Ship Security Officer (SSO). Similarly, each port facility must maintain a Port Facility Security Plan (PFSP) and appoint a Port Facility Security Officer (PFSO). These officers are responsible for ensuring that security measures are implemented, drills and exercises are conducted, and compliance is maintained under the oversight of the Designated Authority from the flag or port state. A crucial feature of the ISPS Code is the establishment of three security levels, which provide a flexible and responsive framework to adapt to varying threat environments. Security Level 1 represents the normal condition, where minimum security measures must be maintained at all times. Security Level 2 is applied when there is an increased risk of a security incident, requiring additional protective measures. Security Level 3 represents the highest alert level, where a probable or imminent security threat exists, and extraordinary measures must be implemented to safeguard ships and port facilities. These security levels are set by the Contracting Governments and communicated to ships and port facilities. Ships are required to comply with the security level set by the administration of the port state they are visiting. This ensures that all parties are synchronized in their efforts, minimizing the likelihood of confusion or lapses during periods of heightened alert. The dynamic application of security levels demonstrates the adaptability of the ISPS Code to different threat scenarios, from routine operations to emergency conditions. Another critical element of the ISPS Code is the use of security assessments and plans. A Ship Security Assessment (SSA) identifies potential vulnerabilities, while the Ship Security Plan outlines the preventive, protective, and response measures to address them. Likewise, Port Facility Security Assessments (PFSA) and Plans detail site-specific risks and countermeasures. Both ships and port facilities undergo audits and verifications to ensure that these plans remain effective and updated, considering new threats such as cyberattacks targeting navigation and cargo systems. The ISPS Code also emphasizes international cooperation and information exchange. Contracting Governments are encouraged to share intelligence regarding potential threats, suspicious activities, and lessons learned from incidents. This collaborative approach enhances global maritime security, ensuring that vulnerabilities in one region do not compromise the safety of the wider international shipping community. The Code highlights that maritime security is not only a national concern but a shared global responsibility. Training and drills form an essential part of the Code’s framework. Crew members, ship officers, and port facility staff must undergo regular security training to familiarize themselves with procedures for access control, cargo inspections, restricted area monitoring, and emergency responses. Periodic drills test the readiness of personnel and the effectiveness of the security systems in place. These practices ensure that in times of real threats, the response is swift, coordinated, and efficient. Over time, the ISPS Code has expanded its scope to address emerging challenges. The increasing reliance on digital technologies in maritime operations has introduced new risks, particularly in the form of cyber threats. Recognizing this, the

UNDERSTANDING ABOUT ISPS CODE

Introduction The International Ship and Port Facility Security (ISPS) Code is a comprehensive set of measures designed to enhance the security of ships and port facilities. It was adopted by the International Maritime Organization (IMO) under the framework of the International Convention for the Safety of Life at Sea (SOLAS), specifically through an amendment introduced in December 2002. The ISPS Code officially came into force on 1 July 2004, marking a turning point in maritime safety and global security.

UNCLOS WATERS

The United Nations Convention on the Law of the Sea (UNCLOS) stands as one of the most important international agreements in maritime history, providing a comprehensive framework that governs the rights, responsibilities, and conduct of nations in their use of the world’s oceans. Adopted in 1982 in Montego Bay, Jamaica, and entered into force in 1994, UNCLOS has since become the “constitution of the oceans,” shaping the global maritime order and ensuring stability in international waters. Today, more than 160 countries, including the Philippines, are parties to this convention, making it one of the most widely recognized treaties in modern international law. At its core, UNCLOS defines the extent of maritime zones, granting coastal states sovereign rights and jurisdiction over certain areas of the seas while maintaining the principle of freedom of navigation. The convention establishes baseline measurements from which maritime zones are determined, ranging from internal waters, territorial seas, and contiguous zones, to exclusive economic zones (EEZs) and continental shelves. These zones outline the rights of coastal states to exploit resources, regulate activities, and protect their environment, while balancing the rights of other states to access international waters. The territorial sea, extending up to 12 nautical miles from the baseline, grants full sovereignty to coastal states, similar to their land territory, albeit with the obligation to allow innocent passage for foreign vessels. Beyond this lies the contiguous zone, extending up to 24 nautical miles, where states can enforce customs, fiscal, and immigration regulations. However, it is the 200-nautical-mile Exclusive Economic Zone that has arguably had the most profound impact, as it allows coastal states exclusive rights to exploit and manage natural resources, including fisheries and energy reserves. UNCLOS also addresses the rights of landlocked states by ensuring access to the seas through transit routes and cooperation with neighboring states. By codifying these provisions, the convention promotes equity among nations and prevents maritime access from becoming a privilege limited only to coastal countries. Furthermore, it establishes rules on the exploitation of the deep seabed beyond national jurisdiction, declaring it the “common heritage of mankind” and mandating that its resources be managed for the benefit of all humanity. An important element of UNCLOS is its contribution to environmental protection. The convention obligates states to prevent, reduce, and control pollution of the marine environment, whether from ships, land-based sources, or dumping. It also encourages cooperation in scientific research, preservation of rare ecosystems, and sustainable use of marine living resources. These provisions reflect the recognition that the oceans are interconnected and that environmental harm in one region can have ripple effects across the globe. UNCLOS has also proven essential in resolving disputes among states. It provides mechanisms for peaceful settlement through negotiation, arbitration, or adjudication by bodies such as the International Tribunal for the Law of the Sea (ITLOS). These mechanisms ensure that maritime disputes, whether over boundary delimitations or navigational rights, are settled according to international law rather than unilateral action or force, thereby reducing the risk of conflict. The convention further enshrines the principle of freedom of navigation and overflight, vital for global trade and security. Given that around 90% of world trade is transported by sea, these provisions protect the lifeblood of the global economy. Naval operations, commercial shipping, and international aviation all rely on the stability and predictability created by UNCLOS, underscoring its role not only as a legal framework but also as a safeguard of global commerce. Over time, UNCLOS has adapted to contemporary challenges. Issues such as maritime security, piracy, illegal fishing, and marine biodiversity beyond national jurisdiction have required new interpretations and agreements supplementary to the convention. Despite criticisms that it cannot fully address emerging issues like climate change and rising sea levels, its framework remains the backbone of modern maritime governance. For countries like the Philippines, UNCLOS is particularly significant, as it provides the legal basis for asserting rights over maritime zones and resources. The 2016 arbitral ruling on the South China Sea dispute, rooted in UNCLOS provisions, reinforced the importance of the convention as a peaceful tool for resolving maritime conflicts, affirming that international law remains the strongest shield of smaller states against larger powers. In sum, UNCLOS has become indispensable in maintaining order in the world’s oceans. It balances the interests of coastal and landlocked states, safeguards navigation rights, promot

IALA Buoyage System

The IALA Buoyage System was developed by the International Association of Marine Aids to Navigation and Lighthouse Authorities (IALA) to create a standard method of marking channels, hazards, and safe water. Its goal is to provide mariners with a reliable guide to safe navigation, no matter where they sail. 🔹IALA Regions The system is divided into two regions: Region A Covers Europe, Africa, Australia, and most of Asia. Port-hand marks: Red Starboard-hand marks: Green Region B Covers the Americas, Japan, Korea, and the Philippines. Port-hand marks: Green Starboard-hand marks: Red