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 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 2006-04-21 with total page 318 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.
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 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.
Download or read book The Merchant Shipping Laws written by Alexander Charles Boyd and published by . This book was released on 1876 with total page 704 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Home Ports of Vessels of the United States written by United States. Congress. House. Committee on Merchant Marine and Fisheries and published by . This book was released on 1925 with total page 36 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Law of Territorial Waters and Maritime Jurisdiction written by Philip Caryl Jessup and published by . This book was released on 1927 with total page 598 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book A Treatise on the Law of Merchant Shipping written by David Maclachlan and published by . This book was released on 1876 with total page 1114 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Jurisdiction Over Foreign Merchant Vessels in American Waters and Ports written by Leila Ann Hogan and published by . This book was released on 1983 with total page 250 pages. Available in PDF, EPUB and Kindle. Book excerpt:
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.
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 226 pages. Available in PDF, EPUB and Kindle. Book excerpt:
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.
Download or read book International Maritime Law written by and published by . This book was released on 1996 with total page 760 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Test of the Nationality of a Merchant Vessel written by Robert Rienow and published by . This book was released on 1937 with total page 270 pages. Available in PDF, EPUB and Kindle. Book excerpt: Looks at the nationality of a ship from its build, crew, ownership, enemy ownership, flag and documents needed for criminal jurisdiction and nationality.
Download or read book The Merchant Shipping Port State Control Amendment Regulations 1998 written by Maritime and Coastguard Agency (Great Britain) and published by . This book was released on 1998 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Merchant Shipping Port State Control Amendment Regulations 2003 written by Great Britain. Maritime Coastguard Agency and published by . This book was released on 2003 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Merchant Shipping Port State Control Regulations 2011 written by Great Britain and published by . This book was released on 2011-11-07 with total page 20 pages. Available in PDF, EPUB and Kindle. Book excerpt: Enabling power: European Communities Act 1972, s. 2 (2), sch. 2, para. 1A & Merchant Shipping Act 1995, ss. 85, 86. Issued: 07.11.2011. Made: 31.10.2011. Laid: 02.11.2011. Coming into force: 24.11.2011. Effect: S.I. 1995/3128 revoked. Territorial extent & classification: E/W/S/NI. General. EC note: These Regulations implement Directive 2009/16/EC
