Port State Jurisdiction and the Regulation of International Merchant Shipping

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Author :
Publisher : Springer Science & Business Media
ISBN 13 : 3319003518
Total Pages : 282 pages
Book Rating : 4.3/5 (19 download)

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Book Synopsis Port State Jurisdiction and the Regulation of International Merchant Shipping by : Bevan Marten

Download or read book Port State Jurisdiction and the Regulation of International Merchant Shipping written by Bevan Marten and published by Springer Science & Business Media. This book was released on 2013-08-31 with total page 282 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.​

Port State Control

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Author :
Publisher : Taylor & Francis
ISBN 13 : 1351553631
Total Pages : 808 pages
Book Rating : 4.3/5 (515 download)

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Book Synopsis Port State Control by : Oya Özçayır

Download or read book Port State Control written by Oya Özçayır and published by Taylor & Francis. This book was released on 2018-05-08 with total page 808 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Port state control

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Author :
Publisher : IMO Publishing
ISBN 13 : 9789280151046
Total Pages : 272 pages
Book Rating : 4.1/5 (51 download)

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Book Synopsis Port state control by : International Maritime Organization

Download or read book Port state control written by International Maritime Organization and published by IMO Publishing. This book was released on 2001 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Port State Control and Jurisdiction

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Author :
Publisher : BRILL
ISBN 13 : 9004632603
Total Pages : 311 pages
Book Rating : 4.0/5 (46 download)

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Book Synopsis Port State Control and Jurisdiction by : George C. Kasoulides

Download or read book Port State Control and Jurisdiction written by George C. Kasoulides and published by BRILL. This book was released on 2023-11-27 with total page 311 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

IMPLEMENTATION OF PORT STATE MEASURES

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Author :
Publisher : Food & Agriculture Org.
ISBN 13 : 9251093032
Total Pages : 184 pages
Book Rating : 4.2/5 (51 download)

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Book Synopsis IMPLEMENTATION OF PORT STATE MEASURES by : Food and Agriculture Organization of the United Nations

Download or read book IMPLEMENTATION OF PORT STATE MEASURES written by Food and Agriculture Organization of the United Nations and published by Food & Agriculture Org.. This book was released on 2018-11-08 with total page 184 pages. Available in PDF, EPUB and Kindle. Book excerpt: This publication provides legislative templates to implement the FAO Agreement on Port States Measures to prevent, deter and eliminate illegal, unreported and unregulated fishing. It presents a framework for mainstreaming the core provisions of the agreement into national legislation.

Report of the FAO/GFCM Workshop on Port State Measures to Combat Illegal, Unreported and Unregulated Fishing

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Author :
Publisher : Food & Agriculture Org.
ISBN 13 : 9789251059579
Total Pages : 98 pages
Book Rating : 4.0/5 (595 download)

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Book Synopsis Report of the FAO/GFCM Workshop on Port State Measures to Combat Illegal, Unreported and Unregulated Fishing by : Food and Agriculture Organization of the United Nations

Download or read book Report of the FAO/GFCM Workshop on Port State Measures to Combat Illegal, Unreported and Unregulated Fishing written by Food and Agriculture Organization of the United Nations and published by Food & Agriculture Org.. This book was released on 2008 with total page 98 pages. Available in PDF, EPUB and Kindle. Book excerpt: FAO is supporting the implementation of the 2005 FAO Model Schemes on Port State Measures to combat illegal, unreported and unregulated fishing, including at regional level. The main objective of the workshop was to consider GFCM Member's coordinated efforts regarding the strengthening and the harmonization of port State measures in the near future and, as a result, build on the requirements of the general guidelines for a GFCM control and enforcement scheme.

Report of the FAO Regional Workshop on Port State Measures to Combat Illegal, Unreported and Unregulated Fishing

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Author :
Publisher : Food & Agriculture Org.
ISBN 13 : 9789251059487
Total Pages : 52 pages
Book Rating : 4.0/5 (594 download)

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Book Synopsis Report of the FAO Regional Workshop on Port State Measures to Combat Illegal, Unreported and Unregulated Fishing by : Food and Agriculture Organization of the United Nations

Download or read book Report of the FAO Regional Workshop on Port State Measures to Combat Illegal, Unreported and Unregulated Fishing written by Food and Agriculture Organization of the United Nations and published by Food & Agriculture Org.. This book was released on 2008 with total page 52 pages. Available in PDF, EPUB and Kindle. Book excerpt: This document contains the report of the FAO Regional Workshop on Port State Measures to Combat Illegal, Unreported and Unregulated (IUU) Fishing, which was held at Cape Town, South Africa, from 28 to 31 January 2008. The objective of the Workshop was to develop national capacity and promote bilateral, sub-regional and/or regional coordination so that countries will be better placed to strengthen and harmonize port State measures and, as a result, implement the relevant International Plan of Action to Prevent, Deter and Eliminate Illegal, Unreported and Unregulated Fishing (IPOA-IUU) tools and the FAO Model Scheme and contribute to the development of a legally-binding instrument on port State measures. The Workshop addressed: background and framework for port State measures; global and regional issues relating to IUU fishing and port State measures, and the 2005 FAO Model Scheme on Port State Measures to Combat IUU Fishing; the 2007 draft Agreement on Port State Measures to Prevent, Deter and Eliminate Illegal, Unreported and Unregulated Fishing and the implementation of regional and national port State measures; adoption and implementation of port State measures by regional fisheries management organizations (RFMOs) and the implementation of measures in the Southern and East Africa subregion; operational and information requirements for effective port State measures; industry perspectives on port State measures and national responses to questionnaires; and key issues for further action and cooperation in strengthening and harmonizing port State measures. Working groups were formed to enhance the participatory nature of the Workshop and as a means of engendering broader and deeper discussion on concepts and issues relating to port State measures. In one exercise they addressed various aspects of port State measures, and recommended and prioritized areas for regional cooperation in implementing port State measures. They also identified further types of support needed to implement port State measures and in another exercise they considered certain thematic aspects relating to the FAO Model Scheme and the draft Agreement on port State measures. This exercise included legal aspects, information requirements, systems and inspection procedures, the results of inspection and training. Funding and support for the Workshop were provided by the FAO Regular Programme, by the Government of Norway through the Trust Fund for Port State Measures (MTF/GLO/206/MUL) and the FishCode Programme (MTF/GLO/125/MUL [Sweden-SIDA] [SWE/05/IUU Port State Measures/IUU fishing]). Funding was also provided by the UK Department for International Development (DFID).

Fisheries Treaties and Port State Measures Agreements

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Author :
Publisher :
ISBN 13 :
Total Pages : 64 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Fisheries Treaties and Port State Measures Agreements by : United States. Congress. Senate. Committee on Foreign Relations

Download or read book Fisheries Treaties and Port State Measures Agreements written by United States. Congress. Senate. Committee on Foreign Relations and published by . This book was released on 2014 with total page 64 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Procedures for the implementation of the Indian Ocean Tuna Commission Port State Measures

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Author :
Publisher : Food & Agriculture Org.
ISBN 13 : 9251350914
Total Pages : 446 pages
Book Rating : 4.2/5 (513 download)

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Book Synopsis Procedures for the implementation of the Indian Ocean Tuna Commission Port State Measures by : Indian Ocean Tuna Commission

Download or read book Procedures for the implementation of the Indian Ocean Tuna Commission Port State Measures written by Indian Ocean Tuna Commission and published by Food & Agriculture Org.. This book was released on 2021-11-04 with total page 446 pages. Available in PDF, EPUB and Kindle. Book excerpt: The objective of this manual is to provide a working document for port State authorities to use in the implementation of the IOTC Port State Measures Resolution (PSMR), which entered into force on 1 March 2011 and was amended in 2016 to include a provision on the electronic port State measures application (e-PSM). The content is divided into three chapters. The first chapter describes the functions and operations of IOTC and the Indian Ocean tuna fishery, and summarises the development of port State measures by the international community and the development by IOTC Contracting Parties and Cooperating Non-Contracting Parties (CPCs) of conservation and management measures that both reflect and complement the internationally agreed measures. The second chapter addresses operational and technical matters, key elements for the training of managers and inspectors, to provide them with the knowledge to implement the port State measures practically and effectively. The third chapter provides guides to and checklists for standard operating procedures to implement the measures for vessels from the main fishing sectors likely to be encountered in the Indian Ocean region. This manual should be viewed as a living document that can be revised and improved by all parties as experience is expanded in the implementation of the IOTC PSMR.

Report of the Expert Consultation to Review Port State Measures to Combat Illegal, Unreported and Unregulated Fishing

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Author :
Publisher : Food & Agriculture Org.
ISBN 13 : 9789251048801
Total Pages : 32 pages
Book Rating : 4.0/5 (488 download)

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Book Synopsis Report of the Expert Consultation to Review Port State Measures to Combat Illegal, Unreported and Unregulated Fishing by : Food and Agriculture Organization of the United Nations

Download or read book Report of the Expert Consultation to Review Port State Measures to Combat Illegal, Unreported and Unregulated Fishing written by Food and Agriculture Organization of the United Nations and published by Food & Agriculture Org.. This book was released on 2002 with total page 32 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Expert Consultation was convened with a view to facilitating the implementation of the 2001 FAO International Plan of Action to Deter, Prevent and Eliminate Illgal, Unreported and Unregulated Fishing (IPOA-IUU). The Expert Consultation also furthered collaboration with the International Maritime Organization (IMO), and undertook an exhaustive review of port state measures with respect to fishing vessels.

Report of the Technical Consultation to Review Port State Measures to Combat Illegal, Unreported and Unregulated Fishing : Rome, 31 August - 2 September 2004

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Author :
Publisher : Food & Agriculture Org.
ISBN 13 : 9789251052495
Total Pages : 44 pages
Book Rating : 4.0/5 (524 download)

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Book Synopsis Report of the Technical Consultation to Review Port State Measures to Combat Illegal, Unreported and Unregulated Fishing : Rome, 31 August - 2 September 2004 by : Technical Consultation to Review Port State Measures to Combat Illegal, Unreported and Unregulated Fishing

Download or read book Report of the Technical Consultation to Review Port State Measures to Combat Illegal, Unreported and Unregulated Fishing : Rome, 31 August - 2 September 2004 written by Technical Consultation to Review Port State Measures to Combat Illegal, Unreported and Unregulated Fishing and published by Food & Agriculture Org.. This book was released on 2004 with total page 44 pages. Available in PDF, EPUB and Kindle. Book excerpt: The objectives of the Technical Consultation were to address substantive issues relating to the role of the port State in combating Illegal, Unreported and Unregulated fishing and to address principles and guidelines for the establishment of regional memoranda on port States measures to prevent, deter and eliminate IUU fishing. Following its deliberations, the Technical Consultation approved a Model Scheme on Port State Measures to Combat IUU Fishing, strongly supported the proposed Programme of Assistance to facilitate human development and institutional strengthening in developing countries to promote the full and effective implementation of port States measures to combat IUU fishing, and supported the establishment of a database concerning relevant port State measures.

Guidelines for Port State Control Officers Carrying Out Inspections Under the Maritime Labour Convention, 2006

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Author :
Publisher :
ISBN 13 :
Total Pages : 98 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis Guidelines for Port State Control Officers Carrying Out Inspections Under the Maritime Labour Convention, 2006 by : International Labour Organization

Download or read book Guidelines for Port State Control Officers Carrying Out Inspections Under the Maritime Labour Convention, 2006 written by International Labour Organization and published by . This book was released on 2008 with total page 98 pages. Available in PDF, EPUB and Kindle. Book excerpt: The guidelines contained in this book are an important international resource for implementing port State responsibilities under the Maritime Labour Convention, 2006 (MLC). They were adopted by the ILO in September 2008 together with Guidelines for flag State inspections under the MLC, 2006.

Procedures for Port State Control 2019

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Author :
Publisher :
ISBN 13 : 9789280100518
Total Pages : 137 pages
Book Rating : 4.1/5 (5 download)

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Book Synopsis Procedures for Port State Control 2019 by : International Maritime Organization

Download or read book Procedures for Port State Control 2019 written by International Maritime Organization and published by . This book was released on 2020-03-24 with total page 137 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Merchant Vessels of the United States

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Author :
Publisher :
ISBN 13 :
Total Pages : 1788 pages
Book Rating : 4.3/5 ( download)

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Book Synopsis Merchant Vessels of the United States by :

Download or read book Merchant Vessels of the United States written by and published by . This book was released on 1972 with total page 1788 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Non-Flag State Enforcement in High Seas Fisheries

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Author :
Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9004138897
Total Pages : 462 pages
Book Rating : 4.0/5 (41 download)

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Book Synopsis Non-Flag State Enforcement in High Seas Fisheries by : Rosemary Gail Rayfuse

Download or read book Non-Flag State Enforcement in High Seas Fisheries written by Rosemary Gail Rayfuse and published by Martinus Nijhoff Publishers. This book was released on 2004-01-01 with total page 462 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is the first comprehensive examination of state practice relating to enforcement by non-flag states of the high seas conservation and management measures adopted by Regional Fisheries Organisations. It demonstrates that an exception is emerging in customary international law to the rule of the primacy of flag state jurisdiction in the high seas fisheries context.

Obligations and Control of Flag States

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Author :
Publisher : LIT Verlag Münster
ISBN 13 : 3825810569
Total Pages : 370 pages
Book Rating : 4.8/5 (258 download)

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Book Synopsis Obligations and Control of Flag States by : Jörn-Ahrend Witt

Download or read book Obligations and Control of Flag States written by Jörn-Ahrend Witt and published by LIT Verlag Münster. This book was released on 2007 with total page 370 pages. Available in PDF, EPUB and Kindle. Book excerpt: This study gives an overview of the obligations of flag States and the control of their compliance with such obligations. It outlines the main obligations as to maritime safety and security as well as marine pollution prevention under international as well as European law and shows the still existing enforcement deficits vis-a-vis non-complying flag States as well as substandard ships. Some of the main developments to counter these deficits such as the Voluntary Member State Audit Scheme on the IMO level or the Third Maritime Safety Package on the EU level are taken into account.

Implementation of the International Plan of Action to Prevent, Deter and Eliminate Illegal, Unreported and Unregulated Fishing

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Author :
Publisher : Food & Agriculture Org.
ISBN 13 : 9789251047569
Total Pages : 140 pages
Book Rating : 4.0/5 (475 download)

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Book Synopsis Implementation of the International Plan of Action to Prevent, Deter and Eliminate Illegal, Unreported and Unregulated Fishing by : Food and Agriculture Organization of the United Nations

Download or read book Implementation of the International Plan of Action to Prevent, Deter and Eliminate Illegal, Unreported and Unregulated Fishing written by Food and Agriculture Organization of the United Nations and published by Food & Agriculture Org.. This book was released on 2002 with total page 140 pages. Available in PDF, EPUB and Kindle. Book excerpt: These guidelines are addressed to decision-makers and policy-makers associated with the management of fisheries, but they should also be of interest to fishing industries and other parties. This Plan of Action is consistent with the FAO Code of Conduct for Responsible Fisheries, as well as with the 1993 Agreement to Promote Compliance with International Conservation and Management Measures by Fishing Vessels on the High Seas, the 1995 Agreement for the Implementation of the United Nations Convention on the Law of the Sea of 10 December 1982 Relating to the Conservation and Management of Straddling Fish Stocks and Highly Migratory Fish Stocks and other applicable rules of international law. The guidelines are intended to provide general advice and a framework for development and implementation of national plans of action.