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Author: Bevan Marten
Publisher: Springer Science & Business Media
ISBN: 3319003518
Category : Law
Languages : en
Pages : 282
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Book Description
This book examines the concept of port state jurisdiction in the context of international maritime law. In particular the book focuses on situations where port states have used their jurisdiction over visiting foreign-flagged vessels to apply unilateral domestic law, as compared with the internationally-agreed standards enforced by regional port state control organisations. To illustrate the legal issues involved three recent pieces of legislation are analysed in detail: the United States' Cruise Vessel Security and Safety Act 2010, the EU's liability insurance directive of 2009, and Australia's Fair Work Act 2009. Key issues include the legality of port states’ attempts to regulate aspects of a vessel’s structure or equipment, or even certain activities that may take place before a vessel’s arrival in port. The author argues that examples of unilateral measures being imposed by way of port state jurisdiction are growing, and that without active protests from flag states this concept will continue to expand in scope. As international law currently presents very few restrictions on the actions of ambitious port states, such developments may have a significant impact on the future of international maritime regulation.
Author: Bevan Marten
Publisher: Springer Science & Business Media
ISBN: 3319003518
Category : Law
Languages : en
Pages : 282
Get Book
Book Description
This book examines the concept of port state jurisdiction in the context of international maritime law. In particular the book focuses on situations where port states have used their jurisdiction over visiting foreign-flagged vessels to apply unilateral domestic law, as compared with the internationally-agreed standards enforced by regional port state control organisations. To illustrate the legal issues involved three recent pieces of legislation are analysed in detail: the United States' Cruise Vessel Security and Safety Act 2010, the EU's liability insurance directive of 2009, and Australia's Fair Work Act 2009. Key issues include the legality of port states’ attempts to regulate aspects of a vessel’s structure or equipment, or even certain activities that may take place before a vessel’s arrival in port. The author argues that examples of unilateral measures being imposed by way of port state jurisdiction are growing, and that without active protests from flag states this concept will continue to expand in scope. As international law currently presents very few restrictions on the actions of ambitious port states, such developments may have a significant impact on the future of international maritime regulation.
Author: George C. Kasoulides
Publisher: BRILL
ISBN: 9004632603
Category : Law
Languages : en
Pages : 311
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Book Description
Nineteen ninety-two provided several painful reminders of the inherent hazards of oil tankers plying the high seas loaded with millions of gallons of crude oil. Within the space of a few days we witnessed a succession of catastrophic accidents: the foundering of the Greek AEGEAN SEA off the North-West coast of Spain, the breaking-up of the Liberian BRAER off the Shetland Islands, and the burning of the Danish-owned MAERSK NAVIGATOR near the entrance to the Indian Ocean's Malaccan Strait. Any one of these accidents could have been worse than the EXXON VALDEZ spill in Alaska in 1989, when 11 million gallons of crude oil leaked into Prince William Sound. This once again demonstrated the imperative need for an improved regime for the prevention of this kind of accident. The 1982 United Nations Convention on the Law of the Sea, which had been ratified by 54 states by the end of 1992, consolidates a number of novel provisions, one of which is port state enforcement for violations outside a state's jurisdiction. Port state control, as such, is a very old concept. It is based on the rule of international law, according to which a state exercises full jurisdictional powers within its internal waters and has the right to deny access to such waters. The 1982 Convention expands this jurisdiction and provides the port state with enforcement powers with respect to violations outside its national jurisdiction. Special emphasis is paid to the evolution of the port state enforcement regime; its formulation in the 1982 UN Convention on the Law of the Sea; advantages and disadvantages and finally the implementation of the enforcement provisions of relevant maritime conventions. This book also analyses flag state jurisdiction and the repercussions of the adoption of the 1986 Convention for Registration of Ships. Special emphasis is given to a regional European agreement, the 1982 Paris Memorandum of Understanding, which attempts to strengthen the implementation of the existing international legal standards that could serve as a model for a future port state regime.
Author: George Kasoulides
Publisher: Springer
ISBN:
Category : Law
Languages : en
Pages : 324
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Book Description
The 1982 United Nations Convention on the Law of the Sea, which had been ratified by 54 states by the end of 1992, consolidates a number of novel provisions, one of which is port state enforcement for violations outside a state's jurisdiction. Port state control, as such, is a very old concept. It is based on the rule of international law, according to which a state exercises full jurisdictional powers within its internal waters and has the right to deny access to such waters. The 1982 Convention expands this jurisdiction and provides the port state with enforcement powers with respect to violations outside its national jurisdiction.
Author: Donald Rothwell
Publisher: Oxford Handbooks in Law
ISBN: 019871548X
Category : Law
Languages : en
Pages : 1073
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Book Description
Human activities have taken place in the world's oceans and seas for most of human history. With such a vast number of ways in which the oceans can be used for trade, exploited for natural resources and fishing, as well as concerns over maritime security, the legal systems regulating the rights and responsibilities of nations in their use of the world's oceans have long been a crucial part of international law. The United Nations Convention on the Law of the Sea comprehensively defined the parameters of the law of the sea in 1982, and since the Convention was concluded it has seen considerable development. ThisOxford Handbook provides a comprehensive and original analysis of its current debates and controversies, both theoretical and practical. Written by over forty expert and interdisciplinary contributors, the Handbook sets out how the law of the sea has developed, and the challenges it is currently facing. The Handbook consists of forty chapters divided into six parts. First, it explains the origins and evolution of the law of the sea, with a particular focus upon the role of key publicists such as Hugo Grotius and John Selden, the gradual development of state practice, and the creation of the 1982 UN Convention. It then reviews the components which comprise the maritime domain, assessing their definition, assertion, and recognition. It also analyses the ways in which coastal states or the international community can assert control over areas of the sea, and the management and regulation of each of the maritime zones. This includes investigating the development of the mechanisms for maritime boundary delimitation, and the decisions of the International Tribunal for the Law of the Sea. The Handbook also discusses the actors and intuitions that impact on the law of the sea, considering their particular rights and interests, in particular those of state actors and the principle law of the sea institutions. Then it focuses on operational issues, investigating longstanding matters of resource management and the integrated oceans framework. This includes a discussion and assessment of the broad and increasingly influential integrated oceans management governance framework that interacts with the traditional law of the sea. It considers six distinctive regions that have been pivotal to the development of the law of the sea, before finally providing a detailed analysis of the critical contemporary issues facing the law of the sea. These include threatened species, climate change, bioprospecting, and piracy. TheHandbook will be an invaluable and thought-provoking resource for scholars, students, and practitioners of the law of the sea.
Author: Oya Özçayır
Publisher: Taylor & Francis
ISBN: 1351553623
Category : Law
Languages : en
Pages : 1097
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Book Description
Port State Control, Second Edition is a comprehensive publication dealing with the full implications and regulations of port State control. It provides a detailed analysis of the legal framework relating to port State control, including the most recent developments in this area. It covers not only the regional agreements on port State control and the EU legislation on this subject but also the background of the port State control process, its implications in practice and its effect on the ISM Code and the classification societies. The book covers topics such as: Amendments and changes to the regional port state control systems The addition of an appeal procedure to the Paris MOU Issues related to the ports of refuge and the urgency for authorities to draw up appropriate plans for places of refuge following the recent incidents The ISPS Code for maritime security in the light of newly recognised vulnerability against terrorist attacks Update to Equasis Progress with Qualship regime under US Port State Control system. This book will be an invaluable reference tool for shipping lawyers around the world.
Author: John N. K. Mansell
Publisher: Springer Science & Business Media
ISBN: 3540929339
Category : Law
Languages : en
Pages : 276
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Book Description
All of these flag States have the right to sail ships flying their flag on the high seas (LOSC Article 90) ; and those ships enjo y the freedom of navigation upon the high seas (LOSC Article 87) . W ith this freedom comes a concomitant duty upon the flag State to effectively exercise its jurisdiction and control in administrative , technical , social (LOSC Article 94 (1)) and en vironmental protection (LOSC Article 217) matters over ships flying its flag. 1.2 Flag State Responsibility The absence of any authority over ships sailing the high seas would lead to chaos. One of the essential adjuncts to the principle of freedom of the seas is that a ship must fly the flag of a single State and that it is subject to the jurisdiction of that State. (Brown 1994 , p. 287) This opinion of the International Law Commission in 1956 on a draft article of the High Seas Convention (HSC) was a product of its time; a time of traditional maritime States and responsible long-established shipping companies operating for 3 the most part under the effective maritime administrations of their national flag .
Author: Peter B. Payoyo
Publisher:
ISBN:
Category : Harbors
Languages : en
Pages : 226
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Book Description
Author: International Maritime Organization
Publisher:
ISBN: 9789280100518
Category :
Languages : en
Pages : 137
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Book Description
This publication provides guidance to port State control officers (PSCOs) on the conduct of inspections of foreign ships, in order to promote consistency in the way inspections are carried out worldwide, and to harmonize the criteria for deciding on deficiencies found on board relating to the ship, its equipment or its crew, as well as the application of procedures.
Author: Haijiang Yang
Publisher: Springer Science & Business Media
ISBN: 3540331921
Category : Law
Languages : en
Pages : 294
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Book Description
The general international law regarding foreign merchant ships in internal waters has never been codified. The question of the breadth of the territorial sea was finally solved during the Third United Nations Conference on the Law of the Sea. But conflicts between coastal States and foreign merchant ships in internal waters and the territorial sea may arise. This comprehensive study analyses these issues and strives for reasonable and generally acceptable solutions.
Author: International Maritime Organization
Publisher: IMO Publishing
ISBN: 9789280161212
Category : Flags of convenience
Languages : en
Pages : 150
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Book Description
