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Port State Control And Jurisdiction
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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.
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.
Book Synopsis Port State Control and Jurisdiction:Evolution of the Port State Regime by : George Kasoulides
Download or read book Port State Control and Jurisdiction:Evolution of the Port State Regime written by George Kasoulides and published by Springer. This book was released on 1993 with total page 324 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Port State Control in the Asia-Pacific by : Peter B. Payoyo
Download or read book Port State Control in the Asia-Pacific written by Peter B. Payoyo and published by . This book was released on 1993 with total page 212 pages. Available in PDF, EPUB and Kindle. Book excerpt:
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.
Book Synopsis Jurisdiction of the Coastal State over Foreign Merchant Ships in Internal Waters and the Territorial Sea by : Haijiang Yang
Download or read book Jurisdiction of the Coastal State over Foreign Merchant Ships in Internal Waters and the Territorial Sea written by Haijiang Yang and published by Springer Science & Business Media. This book was released on 2006-07-30 with total page 294 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Unilateral Port State Jurisdiction by :
Download or read book Unilateral Port State Jurisdiction written by and published by . This book was released on 2019 with total page 425 pages. Available in PDF, EPUB and Kindle. Book excerpt: The capacity to act as a port state in international law is best described by the specific powers exercised over foreign ships, namely inspection, detention, expulsion or request of any type of information prior to the entry into the port. Many of these powers are explicitly attributed to the state in multilateral instruments, whereby the flag state consents to having its ships subject to the jurisdiction of the port state. Notwithstanding the consensus around the complementary nature of port state jurisdiction with respect to certain obligations of the flag state, the port state is not limited to fulfil a secondary role. This is especially visible in the prevention, reduction and control of ship-source pollution, where some port states have not hesitated in acting regardless of an expressed consent by the flag state to the rule or standard being applied with the support of port powers. Not only do port states use more stringent enforcement powers to ensure that international treaties are effective, but they also prescribe novel rules and standards upon any foreign ship that approaches the port, often as a means of breaking an international negotiation deadlock. This study discusses the international legal basis for such unilateral jurisdiction by analysing the principles of state jurisdiction under the dichotomy parochial/cosmopolitan. By interpreting the stated and implicit purposes of port state actions under that dichotomy, this study proposes that states are finding a legal ground to act based on certain legal functions they fulfil in the international legal order. This argument puts into perspective the assumed self-sufficiency of territoriality and shows how unilateralism may also serve to seek to set universally applicable norms.
Book Synopsis Jurisdiction over Ships by : Henrik Ringbom
Download or read book Jurisdiction over Ships written by Henrik Ringbom and published by BRILL. This book was released on 2015-08-11 with total page 466 pages. Available in PDF, EPUB and Kindle. Book excerpt: Jurisdiction over Ships: Post-UNCLOS Developments in the Law of the Sea analyses international law developments in shipping since the adoption of the UN Convention on the Law of the Sea (UNCLOS) in 1982. The Convention’s rules on the rights and obligations of flag states, coastal states and port states, have by and large been accepted and adhered to by states, but the legal regime for the oceans is neither complete nor static, nor was it intended to be so. New issues have surfaced while old issues have changed their character. Developments in law and practice have already resulted in some divergences between the jurisdictional scheme outlined in UNCLOS and how states in reality exercise their jurisdiction over ships. In this book, 18 leading academics in the field study a number of such developments in more detail, providing a practical guide to the state of the law at present while at the same time offering insights into how international law develops in this field.
Book Synopsis Maritime Zones, Jurisdiction, Port State Control by : Louise Motier de la Fayette
Download or read book Maritime Zones, Jurisdiction, Port State Control written by Louise Motier de la Fayette and published by . This book was released on 1998 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Flag State Responsibility by : John N. K. Mansell
Download or read book Flag State Responsibility written by John N. K. Mansell and published by Springer Science & Business Media. This book was released on 2009-06-12 with total page 276 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 .
Book Synopsis Flag State Implementation by : International Maritime Organization
Download or read book Flag State Implementation written by International Maritime Organization and published by IMO Publishing. This book was released on 2010 with total page 150 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis International Shipping Law by : G. P. Pamborides
Download or read book International Shipping Law written by G. P. Pamborides and published by Martinus Nijhoff Publishers. This book was released on 1999-05-19 with total page 282 pages. Available in PDF, EPUB and Kindle. Book excerpt: The combination of the Port State Control system that is currently in operation and the tactics employed by the International Maritime Organization (IMO) for the introduction of rules and regulations for safety and pollution prevention at sea, led to the establishment of a system which has the potential to bring about significant changes. These changes extend beyond the area of safety and pollution prevention, reaching areas lying entirely beyond the scope of IMO, and actually affecting directly private maritime law. The relevant provisions of the law of the sea are outlined, in order to define the legal framework within which the regulation process for matters of safety and pollution prevention may operate. Special reference is made to the development of the concept of Port State Control and its emergence as a new, alternative method of enforcement under the guidance of IMO. The study focuses on the modus operandi of IMO and critically evaluates the tactics employed by the organization in pursuing its ends. The book also examines the practices employed by influential port states in enforcing international regulations, and it assesses the reactions of smaller states with large registries, as well as the different sectors of the industry to these developments. These developments will lead to new legislation in the contracting states, with the potential of changing the principles of private maritime law. The author also draws attention to the impact that the ISM Code and the STCW '95 may have on issues of private maritime law, through an analysis of the use of English maritime case law. The book is intended for all involved in shipping law - carriers, shipowners, ship managers, marine insurers, port managers, and others.
Book Synopsis International Shipping Law by : G.P. Pamborides
Download or read book International Shipping Law written by G.P. Pamborides and published by BRILL. This book was released on 2024-01-22 with total page 278 pages. Available in PDF, EPUB and Kindle. Book excerpt: The combination of the Port State Control system that is currently in operation and the tactics employed by the International Maritime Organization (IMO) for the introduction of rules and regulations for safety and pollution prevention at sea, led to the establishment of a system which has the potential to bring about significant changes. These changes extend beyond the area of safety and pollution prevention, reaching areas lying entirely beyond the scope of IMO, and actually affecting directly private maritime law. The relevant provisions of the law of the sea are outlined, in order to define the legal framework within which the regulation process for matters of safety and pollution prevention may operate. Special reference is made to the development of the concept of Port State Control and its emergence as a new, alternative method of enforcement under the guidance of IMO. The study focuses on the modus operandi of IMO and critically evaluates the tactics employed by the organization in pursuing its ends. The book also examines the practices employed by influential port states in enforcing international regulations, and it assesses the reactions of smaller states with large registries, as well as the different sectors of the industry to these developments. These developments will lead to new legislation in the contracting states, with the potential of changing the principles of private maritime law. The author also draws attention to the impact that the ISM Code and the STCW '95 may have on issues of private maritime law, through an analysis of the use of English maritime case law. The book is intended for all involved in shipping law - carriers, shipowners, ship managers, marine insurers, port managers, and others.
Book Synopsis Shore Control and Port Administration by : United States. Board of Engineers for Rivers and Harbors
Download or read book Shore Control and Port Administration written by United States. Board of Engineers for Rivers and Harbors and published by . This book was released on 1923 with total page 252 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Port State Jurisdiction and Control: Recent Developments by : Alan Rosas
Download or read book Port State Jurisdiction and Control: Recent Developments written by Alan Rosas and published by . This book was released on 1996 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Seaports in International Law by : Marco Casagrande
Download or read book Seaports in International Law written by Marco Casagrande and published by Springer. This book was released on 2017-07-11 with total page 105 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the first book to offer a comprehensive overview of modern seaports from a legal perspective. Further, it provides a basic toolkit for establishing a legal doctrine of seaports, the instruments of said toolkit being the very few legal norms specifically targeting seaports, which are examined as such rather than through the lens of other, more established disciplines, such as the law of the sea or transportation law. It is a first, necessary step toward giving seaports the status they rightfully deserve in legal studies. Despite centuries of international law studies and decades of EU law evolution, seaports have remained stuck in limbo. From a law of the sea perspective, seaports belong to the land, an approach that is often clearly reflected in national maritime legislation. The other branches of international law do not focus on seaports, since they are considered to belong to the sea. The port communities, for their part, have availed themselves of the “port specificity” concept. In recent decades, containerization has transformed ports into key hubs of the globalized economy, but also into vital checkpoints of the War on Terror, due to the security risks posed by the millions of sealed containers circulating worldwide. Moreover, tragic maritime incidents have shown that seaports are the only reliable sentinels of the seas, being the only places where the systematic inspection of ships is feasible. This has led to the adoption of specific international and EU rules. Those rules, however, remain fragmented, highly specialized and technical; as such, they are unsuitable for creating an organic legal seaport regime: this objective can only be achieved with a significant contribution from legal doctrine.
Book Synopsis Regulation on Navigation of Foreign Vessels by : Ted L. McDorman
Download or read book Regulation on Navigation of Foreign Vessels written by Ted L. McDorman and published by Brill Nijhoff. This book was released on 2019 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This edited book, Regulation on Navigation of Foreign Vessels: Asia-Pacific State Practice, is a collection of country papers focused on one of the more contentious and diverse subject areas of the international law of the sea - foreign vessel rights of navigation in national waters.
