Port State Jurisdiction And The Regulation Of International Merchant Shipping PDF Download
Are you looking for read ebook online? Search for your book and save it on your Kindle device, PC, phones or tablets. Download Port State Jurisdiction And The Regulation Of International Merchant Shipping PDF full book. Access full book title Port State Jurisdiction And The Regulation Of International Merchant Shipping.
| Author | : Bevan Marten |
| Publisher | : Springer Science & Business Media |
| Total Pages | : 282 |
| Release | : 2013-08-31 |
| Genre | : Law |
| ISBN | : 3319003518 |
Download Port State Jurisdiction and the Regulation of International Merchant Shipping Book in PDF, ePub and Kindle
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 | : Lindy Sue Johnson |
| Publisher | : |
| Total Pages | : 236 |
| Release | : 2004 |
| Genre | : Coastwise shipping |
| ISBN | : |
Download Coastal State Regulation of International Shipping Book in PDF, ePub and Kindle
While much has been written on the navigation rights and freedoms set forth in the Law of the Sea Convention, this book takes a fundamentally different approach - by looking at international shipping from the perspective of coastal states and their desire to protect their resources and marine environment from damage by international shipping. As the potential risk of damage by shipping increases because of the increases in the volume and composition of ships and the varying array of cargo carried, coastal states' interest in protecting their resources and environment will only become more acute and they will seek to act. This work addresses the four major jurisdictional areas of most interest to coastal states: · the port · the territorial sea · the contiguous zone · the exclusive economic zone Three specific examples are used to illustrate the points raised in the discussion: ship strikes of the North Atlantic right whale, the unwanted transfer of harmful aquatic organisms and pathogens through discharges of ships ballast water, and wastewater discharges from cruise ships. The conflict between a coastal state's interest in regulating navigation off its coast and ship owners' interest in limiting such regulation is an old yet ongoing one. Coastal states have an obvious interest in participating in global trade and thus in shipping; however, this interest does not necessarily supersede their desire to regulate shipping in order to protect their resources and the marine environment. This book explores the significant changes that have taken place over the last two decades in the shipping industry and coastal states' interests. It reviews the provisions of the 1982 U.N. Law of the Sea Convention with regard to the actions a coastal state may take to regulate international shipping, while remaining within the boundaries of the Law of the Sea Convention and customary international law. This volume provides coastal states with guidance in protecting their interests and yet recognizes the rights and duties accorded to navigation interests by the treaty.
| Author | : George C. Kasoulides |
| Publisher | : BRILL |
| Total Pages | : 311 |
| Release | : 2023-11-27 |
| Genre | : Law |
| ISBN | : 9004632603 |
Download Port State Control and Jurisdiction Book in PDF, ePub and Kindle
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 | : Aldo Chircop |
| Publisher | : Martinus Nijhoff Publishers |
| Total Pages | : 602 |
| Release | : 2012-06-22 |
| Genre | : Law |
| ISBN | : 9004202439 |
Download The Regulation of International Shipping: International and Comparative Perspectives Book in PDF, ePub and Kindle
In this work, the contributors examine the public law and policy framework for shipping and maritime trade, the complex relationship between shipping and the marine environment.
| Author | : International Maritime Organization |
| Publisher | : IMO Publishing |
| Total Pages | : 150 |
| Release | : 2010 |
| Genre | : Flags of convenience |
| ISBN | : 9789280161212 |
Download Flag State Implementation Book in PDF, ePub and Kindle
| Author | : International Maritime Organization |
| Publisher | : |
| Total Pages | : 137 |
| Release | : 2020-03-24 |
| Genre | : |
| ISBN | : 9789280100518 |
Download Procedures for Port State Control 2019 Book in PDF, ePub and Kindle
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 | : Henrik Ringbom |
| Publisher | : BRILL |
| Total Pages | : 466 |
| Release | : 2015-08-11 |
| Genre | : Law |
| ISBN | : 9004303502 |
Download Jurisdiction over Ships Book in PDF, ePub and Kindle
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.
| Author | : United States |
| Publisher | : |
| Total Pages | : 202 |
| Release | : 1988 |
| Genre | : Fishery policy |
| ISBN | : |
Download Commercial Fishing Industry Vessel Anti-Reflagging Act of 1987 Book in PDF, ePub and Kindle
| Author | : Gabriela Argüello |
| Publisher | : Routledge |
| Total Pages | : 322 |
| Release | : 2019-07-22 |
| Genre | : Law |
| ISBN | : 0429602081 |
Download Marine Pollution, Shipping Waste and International Law Book in PDF, ePub and Kindle
Waste management poses increasing challenges to both the protection of the environment and to human health. To face these challenges, this book claims that environmental law needs to shift attention from media-specific pollution regimes to integrative life-cycle approaches of waste management i.e., from the prevention of waste generation to the actual handling of wastes. Furthermore, the cooperation of States and the establishment of coordinated activities is essential because states can no longer have separate standards for wastes posing transboundary risks and for ‘purely domestic’ wastes. Drawing upon both International and EU law, the book provides a detailed analysis of the regimes set up to deal with the transboundary movement of wastes and ship-source pollution, so as to elucidate the obligations and legal principles governing such regimes. It concludes that treaty obligations concerning transboundary movements of wastes are inapplicable to ship wastes while on board ships and on land. However, despite the limitations of the transboundary movement of wastes regime, the principle of Environmentally Sound Management (ESM) embodied in this regime has gradually transformed into a legal principle. ESM works to address the legal gaps in the regulation of wastes, and consequently, it provides the desired coherence to the legal system since it acts as a bridge between several regulatory and sectoral levels. Furthermore, ESM offers a new light with which to understand and interpret existing obligations, and it provides a renewed impetus to regimes that directly and indirectly govern wastes. This impetus translates into greater coordination and the establishment of cross-sectional policies. By offering alternative ways to solve problems linked to the management of ship wastes in the sea-land interface, this book will appeal to anyone with an interest in International Environmental Law.
| Author | : International Maritime Organization |
| Publisher | : |
| Total Pages | : 76 |
| Release | : 2012 |
| Genre | : Business & Economics |
| ISBN | : |
Download Guidelines for the Implementation of MARPOL Book in PDF, ePub and Kindle
The Marine Environment Protection Committee (MEPC) of IMO, at its sixty-second session in July 2011, adopted the Revised MARPOL Annex V, concerning Regulations for the prevention of pollution by garbage from ships, which enters into force on 1 January 2013. The associated guidelines which assist States and industry in the implementation of MARPOL Annex V have been reviewed and updated and two Guidelines were adopted in March 2012 at MEPC's sixty-third session. The 2012 edition of this publication contains: the 2012 Guidelines for the implementation of MARPOL Annex V (resolution MEPC.219(63)); the 2012 Guidelines for the development of garbage management plans (resolution MEPC.220(63)); and the Revised MARPOL Annex V (resolution MEPC.201(62)).
