Port State Jurisdiction and the Regulation of International Merchant Shipping

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

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.​

Flag State Implementation

Flag State Implementation
Author: International Maritime Organization
Publisher: IMO Publishing
Total Pages: 150
Release: 2010
Genre: Flags of convenience
ISBN: 9789280161212

Regulation on Navigation of Foreign Vessels

Regulation on Navigation of Foreign Vessels
Author: Ted L. McDorman
Publisher: Brill Nijhoff
Total Pages: 0
Release: 2019
Genre: Law of the sea
ISBN: 9789004396265

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.

Jurisdiction over Ships

Jurisdiction over Ships
Author: Henrik Ringbom
Publisher: BRILL
Total Pages: 466
Release: 2015-08-11
Genre: Law
ISBN: 9004303502

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.

Guidelines for the Implementation of MARPOL

Guidelines for the Implementation of MARPOL
Author: International Maritime Organization
Publisher:
Total Pages: 76
Release: 2012
Genre: Business & Economics
ISBN:

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)).

African perspectives on selected marine, maritime and international trade law topics

African perspectives on selected marine, maritime and international trade law topics
Author: Patrick Vrancken
Publisher: African Sun Media
Total Pages: 248
Release: 2021-02-16
Genre: Law
ISBN: 1991201079

This book is the culmination of research collaboration between the Nelson Mandela University and the University of Johannesburg, and, in particular, between the South African Research Chair in the Law of the Sea and Development in Africa (housed at Nelson Mandela University) and the Centre for Banking Law (housed at the University of Johannesburg). The topics considered have their roots respectively in international law, environmental law, public law and international trade law. The common denominator is the sea.

Research Handbook on International Marine Environmental Law

Research Handbook on International Marine Environmental Law
Author: Rosemary Rayfuse
Publisher: Edward Elgar Publishing
Total Pages: 493
Release: 2023-01-20
Genre: Law
ISBN: 1789909082

This wholly new edition of the Handbook provides an authoritative examination of international law relating to the protection of the marine environment. Chapters critically engage with current legal issues surrounding activities that harm the marine environment, including marine pollution, seabed activities, exploitation of marine biodiversity and climate change, and with the different legal tools and mechanisms, including environmental impact assessments and compliance and dispute settlement mechanisms, used to protect the marine environment. New chapters also address legal issues relating to the role of technology and marine scientific research as well as the application of principles such as public participation. This title contains one or more Open Access chapters.

The Oxford Handbook of the Law of the Sea

The Oxford Handbook of the Law of the Sea
Author: Donald R. Rothwell
Publisher: OUP Oxford
Total Pages: 850
Release: 2015-03-26
Genre: Law
ISBN: 0191024651

Human activities have taken place in the world's oceans and seas for most of human history. With such a vast number of ways in which the oceans can be used for trade, exploited for natural resources and fishing, as well as concerns over maritime security, the legal systems regulating the rights and responsibilities of nations in their use of the world's oceans have long been a crucial part of international law. The United Nations Convention on the Law of the Sea comprehensively defined the parameters of the law of the sea in 1982, and since the Convention was concluded it has seen considerable development. This Oxford Handbook provides a comprehensive and original analysis of its current debates and controversies, both theoretical and practical. Written by over forty expert and interdisciplinary contributors, the Handbook sets out how the law of the sea has developed, and the challenges it is currently facing. The Handbook consists of forty chapters divided into six parts. First, it explains the origins and evolution of the law of the sea, with a particular focus upon the role of key publicists such as Hugo Grotius and John Selden, the gradual development of state practice, and the creation of the 1982 UN Convention. It then reviews the components which comprise the maritime domain, assessing their definition, assertion, and recognition. It also analyses the ways in which coastal states or the international community can assert control over areas of the sea, and the management and regulation of each of the maritime zones. This includes investigating the development of the mechanisms for maritime boundary delimitation, and the decisions of the International Tribunal for the Law of the Sea. The Handbook also discusses the actors and intuitions that impact on the law of the sea, considering their particular rights and interests, in particular those of state actors and the principle law of the sea institutions. Then it focuses on operational issues, investigating longstanding matters of resource management and the integrated oceans framework. This includes a discussion and assessment of the broad and increasingly influential integrated oceans management governance framework that interacts with the traditional law of the sea. It considers six distinctive regions that have been pivotal to the development of the law of the sea, before finally providing a detailed analysis of the critical contemporary issues facing the law of the sea. These include threatened species, climate change, bioprospecting, and piracy. The Handbook will be an invaluable and thought-provoking resource for scholars, students, and practitioners of the law of the sea.

Procedures for Port State Control 2019

Procedures for Port State Control 2019
Author: International Maritime Organization
Publisher:
Total Pages: 137
Release: 2020-03-24
Genre:
ISBN: 9789280100518

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.

The International Law of the Sea

The International Law of the Sea
Author: Yoshifumi Tanaka
Publisher: Cambridge University Press
Total Pages: 641
Release: 2019-08-15
Genre: Law
ISBN: 110842421X

Provides comprehensive coverage of basic and contemporary issues of the law of the sea in a systematic manner.