Port State Jurisdiction And The Regulation Of International Merchant Shipping

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Port State Jurisdiction and the Regulation of International Merchant Shipping

Bevan Marten
Port State Jurisdiction and the Regulation of International Merchant Shipping Book PDF

Author : Bevan Marten
Publisher : Springer Science & Business Media
Page : 282 pages
File Size : 44,9 Mb
Release : 2013-08-31
Category : Law
ISBN : 9783319003511

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Port State Jurisdiction and the Regulation of International Merchant Shipping by Bevan Marten Pdf

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.​

Jurisdiction of the Coastal State over Foreign Merchant Ships in Internal Waters and the Territorial Sea

Haijiang Yang
Jurisdiction of the Coastal State over Foreign Merchant Ships in Internal Waters and the Territorial Sea Book PDF

Author : Haijiang Yang
Publisher : Springer Science & Business Media
Page : 294 pages
File Size : 40,5 Mb
Release : 2006-07-30
Category : Law
ISBN : 9783540331926

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Jurisdiction of the Coastal State over Foreign Merchant Ships in Internal Waters and the Territorial Sea by Haijiang Yang Pdf

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.

Coastal State Regulation of International Shipping

Lindy Sue Johnson
Coastal State Regulation of International Shipping Book PDF

Author : Lindy Sue Johnson
Publisher : Unknown
Page : 236 pages
File Size : 52,8 Mb
Release : 2004
Category : Coastwise shipping
ISBN : STANFORD:36105063637008

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Coastal State Regulation of International Shipping by Lindy Sue Johnson Pdf

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.

Port State Control and Jurisdiction

George C. Kasoulides
Port State Control and Jurisdiction Book PDF

Author : George C. Kasoulides
Publisher : BRILL
Page : 311 pages
File Size : 51,9 Mb
Release : 2023-11-27
Category : Law
ISBN : 9789004632608

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Port State Control and Jurisdiction by George C. Kasoulides Pdf

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.

The Regulation of International Shipping: International and Comparative Perspectives

Aldo Chircop,Norman Letalik,Ted L. McDorman,Susan Rolston
The Regulation of International Shipping International and Comparative Perspectives Book PDF

Author : Aldo Chircop,Norman Letalik,Ted L. McDorman,Susan Rolston
Publisher : Martinus Nijhoff Publishers
Page : 602 pages
File Size : 48,8 Mb
Release : 2012-06-22
Category : Law
ISBN : 9789004202436

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The Regulation of International Shipping: International and Comparative Perspectives by Aldo Chircop,Norman Letalik,Ted L. McDorman,Susan Rolston Pdf

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.

Ship Registration: Law and Practice

Edward Watt,Richard Coles
Ship Registration Law and Practice Book PDF

Author : Edward Watt,Richard Coles
Publisher : Taylor & Francis
Page : 683 pages
File Size : 47,5 Mb
Release : 2018-08-14
Category : Law
ISBN : 9781351975360

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Ship Registration: Law and Practice by Edward Watt,Richard Coles Pdf

Ship Registration Law and Practice is fully updated and now entering its third edition. Part of Lloyd’s Shipping Law Library, it is the most authoritative guide to the theory and practice of ship registration in the most popular jurisdictions. It contains the reference material needed to submit a vessel for registration at the leading ship registries world-wide, as well as extracts from key international conventions in this area, a new statistical analysis of the world merchant fleet and Port State control rankings.

International Law and Marine Areas beyond National Jurisdiction

Vito De Lucia,Alex Oude Elferink,Lan Ngoc Nguyen
International Law and Marine Areas beyond National Jurisdiction Book PDF

Author : Vito De Lucia,Alex Oude Elferink,Lan Ngoc Nguyen
Publisher : BRILL
Page : 469 pages
File Size : 54,7 Mb
Release : 2022-01-31
Category : Law
ISBN : 9789004506367

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International Law and Marine Areas beyond National Jurisdiction by Vito De Lucia,Alex Oude Elferink,Lan Ngoc Nguyen Pdf

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.

The Oxford Handbook of the Law of the Sea

Donald Rothwell,Alex G. Oude Elferink,Karen Nadine Scott,Tim Stephens
The Oxford Handbook of the Law of the Sea Book PDF

Author : Donald Rothwell,Alex G. Oude Elferink,Karen Nadine Scott,Tim Stephens
Publisher : Oxford Handbooks in Law
Page : 1073 pages
File Size : 45,9 Mb
Release : 2015
Category : Law
ISBN : 9780198715481

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The Oxford Handbook of the Law of the Sea by Donald Rothwell,Alex G. Oude Elferink,Karen Nadine Scott,Tim Stephens Pdf

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. ThisOxford 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. TheHandbook will be an invaluable and thought-provoking resource for scholars, students, and practitioners of the law of the sea.

Shipping Law & Admiralty Jurisdiction in South Africa

John Hare (LLB.)
Shipping Law Admiralty Jurisdiction in South Africa Book PDF

Author : John Hare (LLB.)
Publisher : Unknown
Page : 1296 pages
File Size : 46,8 Mb
Release : 1999
Category : Law
ISBN : UVA:35007003431735

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Shipping Law & Admiralty Jurisdiction in South Africa by John Hare (LLB.) Pdf

This is a comprehensive study of maritime law in South Africa since the Admiralty Jurisdiction Regulation Act of 1983 broke the shackles of the limited reach of English Colonial admiralty jurisdiction.

Cooperation and Engagement in the Asia-Pacific Region

Myron H. Nordquist,John Norton Moore,Ronán Long
Cooperation and Engagement in the Asia Pacific Region Book PDF

Author : Myron H. Nordquist,John Norton Moore,Ronán Long
Publisher : BRILL
Page : 523 pages
File Size : 41,7 Mb
Release : 2019-11-11
Category : Law
ISBN : 9789004412026

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Cooperation and Engagement in the Asia-Pacific Region by Myron H. Nordquist,John Norton Moore,Ronán Long Pdf

Cooperation and Engagement in the Asia-Pacific Region provides valuable insight into a region that encompasses many important maritime regions, and harbors promising opportunities for maritime cooperation and engagement.

Jurisdiction over Ships

Henrik Ringbom
Jurisdiction over Ships Book PDF

Author : Henrik Ringbom
Publisher : BRILL
Page : 466 pages
File Size : 48,9 Mb
Release : 2015-08-20
Category : Law
ISBN : 9789004303508

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Jurisdiction over Ships by Henrik Ringbom Pdf

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. It assess the convention’s continued authority in view of the most recent developments in state practice.

Procedures for Port State Control 2019

International Maritime Organization
Procedures for Port State Control 2019 Book PDF

Author : International Maritime Organization
Publisher : Unknown
Page : 137 pages
File Size : 53,5 Mb
Release : 2020-03-24
Category : Electronic
ISBN : 9280100513

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Procedures for Port State Control 2019 by International Maritime Organization Pdf

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.

Legal Status of Government Merchant Ships in International Law

Thamarappallil Kochu Thommen
Legal Status of Government Merchant Ships in International Law Book PDF

Author : Thamarappallil Kochu Thommen
Publisher : Springer
Page : 187 pages
File Size : 47,5 Mb
Release : 2012-12-06
Category : Law
ISBN : 9789401192699

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Legal Status of Government Merchant Ships in International Law by Thamarappallil Kochu Thommen Pdf

This book is devoted to an examination of the legal status of govern ment merchant ships while on the high seas or in the waters of foreign states in time of peace. The object of this examination is to ascertain whether there is any rule of international law which accords such a ship a higher status than that of private merchant ships. Whether government merchant ships, unlike private ships, are entitled to certain immunities from the jurisdiction of foreign states is the question that we have set out to answer in this book. A discussion of the rules concerning the nationality of such a ship or the jurisdiction of the flag state over her does not find a place in this work. A government merchant ship may be defined as a merchant ship l owned or operated by a state. Immunity of a ship here means the exemption of a government ship from the jurisdiction of any state other than the flag state. This term also connotes the immunity of the flag state from the jurisdiction of the tribunals of foreign states in respect of proceedings connected with such a ship. Immunity of persons means the exemption of persons in the service of a govern ment ship, or other persons on board her, from the jurisdiction of any state other than the flag state.

Seaports in International Law

Marco Casagrande
Seaports in International Law Book PDF

Author : Marco Casagrande
Publisher : Springer
Page : 114 pages
File Size : 43,6 Mb
Release : 2017-07-11
Category : Law
ISBN : 9783319603964

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Seaports in International Law by Marco Casagrande Pdf

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.

Marine Pollution, Shipping Waste and International Law

Gabriela Argüello
Marine Pollution Shipping Waste and International Law Book PDF

Author : Gabriela Argüello
Publisher : Routledge
Page : 322 pages
File Size : 46,5 Mb
Release : 2019-07-22
Category : Law
ISBN : 9780429602085

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Marine Pollution, Shipping Waste and International Law by Gabriela Argüello Pdf

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.