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.
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.
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.
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:
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 .
Download or read book The Maritime Labour Convention 2006 written by Moira McConnell and published by Martinus Nijhoff Publishers. This book was released on 2011-05-23 with total page 723 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume provides a detailed legal analysis of the fourth pillar of the international maritime regulatory regime, the comprehensive Maritime Labour Convention, 2006, and its provisions to achieve decent work for seafarers and a level playing field for shipowners.
Download or read book The Belt and Road Initiative and the Law of the Sea written by Keyuan Zou and published by BRILL. This book was released on 2020-03-02 with total page 238 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Belt and Road Initiative (BRI) put forward by China in 2013 includes the land-based ‘Silk Road Economic Belt’ and the ocean-based ‘21st-Century Maritime Silk Road’ (MSR) which focuses on the promotion of cooperation between States along the Belt and the Road. As the UN Convention on the Law of the Sea (LOSC) has established the global maritime order, all ocean-related activities generating from the BRI projects along the MSR are in principle subject to the LOSC governance. The Belt and Road Initiative and the Law of the Sea discusses the use of oceans in the context of BRI covering navigational safety, marine energy and sea ports, maritime law enforcement and access of landlocked states to the sea. It also examines the BRI challenges and difficulties in the maritime domain.
Download or read book International Law and Marine Areas beyond National Jurisdiction written by Vito De Lucia and published by BRILL. This book was released on 2022-01-31 with total page 469 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book investigates competing constructions of areas beyond national jurisdiction, and their role in the creation and articulations of legal principles, providing a broader perspective on the ongoing negotiation at the UN on marine biodiversity beyond national jurisdiction.
Download or read book Vessel Source Marine Pollution written by Alan Khee-Jin Tan and published by Cambridge University Press. This book was released on 2012-08-16 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Analyzing the regulation of vessel-source pollution from the perspective of the political interests of key players in the ship transportation industry, Khee-Jin Tan offers a comprehensive and convincing account of how pollution of the marine environment by ships may be better regulated and reduced. In this timely study, he traces the history of regulation at the International Maritime Organisation (I.M.O.) and investigates the political, economic and social forces influencing the IMO treaties. Also examined are the efforts of maritime states, ship-owners, cargo owners, oil companies and environmental groups to influence IMO laws and treaties.
Download or read book Global Maritime Safety Security Issues and East Asia written by Suk Kyoon Kim and published by BRILL. This book was released on 2019-06-07 with total page 333 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Global Maritime Safety & Security Issues and East Asia, Suk Kyoon Kim offers a multi-disciplinary perspective on various issues of maritime safety and security, focusing on East Asia. Defining the concepts of maritime safety and security, the book examines important issues such the legal frameworks for maritime safety and security and IMO law-making; safety of navigation; port state control; maritime terrorism; SUA Convention regime; piracy; ISPS Code and port and container security; and PSI. The author further undertakes an exploration of the roles of coast guards in East Asia as maritime safety and security enforcers, and national maritime safety and security legislations in China, Japan and Korea.
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.
Download or read book Governing High Seas Fisheries written by Olav Schram Stokke and published by Oxford University Press, USA. This book was released on 2001 with total page 394 pages. Available in PDF, EPUB and Kindle. Book excerpt: Leading scholars of international law and international relations explain the wave of regional disputes that arose in the 1990s over fish stocks that straddle both national waters and the high seas.
Download or read book Maritime Law in Motion written by Proshanto K. Mukherjee and published by Springer Nature. This book was released on 2020-01-23 with total page 796 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides valuable insights into various contemporary issues in public and private maritime law, including interdisciplinary aspects. The public law topics addressed include public international law and law of the sea, while a variety of private law topics are explored, e.g. commercial maritime law, conflict of laws, and new developments in the application of advanced technologies to maritime law issues. In addition, the book highlights current and topical discussions at international maritime forums such as the International Maritime Organization on regulatory and private law matters within the domain of marine environmental law, the law respecting seafarers’ affairs and maritime pedagogics, maritime security, comparative law in the maritime field, trade law, recent case law analysis, taxation law in the maritime context, maritime arbitration, carriage of passengers, port law, and limitation of liability.
Download or read book The IMLI Manual on International Maritime Law The law of the sea written by David Joseph Attard and published by Oxford University Press, USA. This book was released on 2014 with total page 796 pages. Available in PDF, EPUB and Kindle. Book excerpt: This three-volume Manual on International Maritime Law presents a systematic analysis of the history and contemporary development of international maritime law by leading contributors from across the world. Prepared in cooperation with the International Maritime Law Institute, the International Maritime Organization's research and training institute, this a uniquely comprehensive study of this fundamental area of international law. Volume I: The Law of the Sea addresses the major issues which arise in the law of the sea. It provides a detailed understanding of the historical development of the law of the sea; the role of the International Maritime Organization; the law surrounding maritime zones; the legal regime of islands; the international sea-bed area; the legal regime governing marine scientific research; the rights and obligations of land-locked and geographically disadvantaged states; the legal regime of Arctic and Antarctic; and the settlements of disputes. This volume also considers the ways in which human rights and the law of the sea interact. The forthcoming Volume II will address shipping law; Volume III will provide analysis of marine environmental law and maritime security law. The full three-volume Manual will set out the entirety of international maritime law, re-stating and re-examining its fundamental principles, how it is enacted, and the issues that are shaping its future. It will be a superlative resource for those working with or studying this area of law.
Download or read book Places of Refuge for Ships written by Aldo E. Chircop and published by Martinus Nijhoff Publishers. This book was released on 2006 with total page 581 pages. Available in PDF, EPUB and Kindle. Book excerpt: Written by scholars and practitioners, this work consists of 20 multidisciplinary chapters addressing the law, policy and management aspects of the problem of places of refuge for ships in need of assistance. Specific chapters focus on the experiences and approaches of Australia, Belgium, Canada, Denmark, Germany, United Kingdom and United States.
Download or read book Maritime Security and the Law of the Sea written by Natalie Klein and published by Oxford University Press. This book was released on 2011-01-13 with total page 377 pages. Available in PDF, EPUB and Kindle. Book excerpt: Maritime security is of increasing importance in a world threatened by terrorism, piracy, and drug-trafficking. This book sets out and evaluates the legal framework regulating the use of force on the oceans, as well as challenges like illegal fishing and environmental damage. It suggests that more flexible rules are needed to safeguard the seas.
Download or read book Procedures for Port State Control 2011 written by International Maritime Organization and published by . This book was released on 2012 with total page 166 pages. Available in PDF, EPUB and Kindle. Book excerpt: Port state control (PSC) involves the inspection of foreign ships in national port areas to verify that the condition and operation of a ship and its equipment comply with the requirements of international regulations. While IMO has always acknowledged that enforcement of global maritime standards is the responsibility of flag states, the organisation nevertheless recognises that exercising the right to carry out Psc makes an important contribution to ensuring those standards are implemented consistently on ships of different nationalities. The sub-committee on flag state implementation has developed and maintained a framework to promote the global harmonisation and co-ordination of Psc activities resulting in the adoption of resolution A.1052(27) by the assembly of November 2011. This resolution contains the Procedures for port state control, 2011, and revokes resolutions A.787(19) and A.882(21).
