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Public regulation and private law are often treated as separate spheres, yet regulatory rules can significantly affect private law relationships. This is particularly evident in maritime safety regulation, where international standards influence the contractual arrangements through which goods are sold and transported. This paper examines the interaction between maritime safety regulation and private shipping law through the regulation of solid bulk cargo liquefaction under the International Maritime Solid Bulk Cargoes (IMSBC) Code. While the IMSBC Code serves important safety objectives, its requirements do not always align with established contractual norms and commercial practices governing the sale and carriage of solid bulk cargoes.

The paper argues that this disconnect cannot be understood solely through the substantive content of the regulation. It also reflects the processes through which regulatory rules are developed. Drawing on the public law concept of legitimacy, the paper explores how the quality of decision-making within the International Maritime Organisation (IMO) affects both the effectiveness of regulation and its responsiveness to commercial practice. It develops a framework for assessing the legitimacy of IMO decision-making and considers the role of commercial actors in that process. Amendments to the IMSBC Code are used as a case study to examine these issues.

This event can be attended in person or with this Teams link: https://teams.microsoft.com/meet/355643453264673?p=G4rDqH5FYXboMNnHVI