Port State Jurisdiction And The Regulation Of International Merchant Shipping PDF Download
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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 | : Haijiang Yang |
Publisher | : Springer Science & Business Media |
Total Pages | : 294 |
Release | : 2006-07-30 |
Genre | : Law |
ISBN | : 3540331921 |
Download Jurisdiction of the Coastal State over Foreign Merchant Ships in Internal Waters and the Territorial Sea Book in PDF, ePub and Kindle
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.
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 | : 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 | : Philip Caryl Jessup |
Publisher | : |
Total Pages | : 598 |
Release | : 1927 |
Genre | : Maritime law |
ISBN | : |
Download The Law of Territorial Waters and Maritime Jurisdiction Book in PDF, ePub and Kindle
Author | : George Kasoulides |
Publisher | : Springer |
Total Pages | : 324 |
Release | : 1993 |
Genre | : Law |
ISBN | : |
Download Port State Control and Jurisdiction:Evolution of the Port State Regime Book in PDF, ePub and Kindle
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.
Author | : Leila Ann Hogan |
Publisher | : |
Total Pages | : 250 |
Release | : 1983 |
Genre | : Maritime law |
ISBN | : |
Download Jurisdiction Over Foreign Merchant Vessels in American Waters and Ports Book in PDF, ePub and Kindle
Author | : Peter B. Payoyo |
Publisher | : |
Total Pages | : 212 |
Release | : 1993 |
Genre | : Harbors |
ISBN | : |
Download Port State Control in the Asia-Pacific 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 | : |
Publisher | : |
Total Pages | : 760 |
Release | : 1996 |
Genre | : International law |
ISBN | : |
Download International Maritime Law Book in PDF, ePub and Kindle