Port State Control and Jurisdiction: Evolution of the Port State Regime

ISBN-13: 9780792322818 / Angielski / Twarda / 1993 / 312 str.

Kasoulides

Opis

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.

Spis treści

Abbreviations. Table of Conventions. Table of Cases. List of Tables. Introduction. 1. The Regime and Access to Foreign Ports - a Definitional Controversy. 2. International Legal Standards and Regulation of Vessel Source Pollution. 3. The Nationality of Ships and the United Nations Convention on Conditions for Registration of Ships. 4. Open Registries and Substandard Vessels - the Role of International Organizations. 5. Port State Enforcement Regime. 6. The Paris Memorandum of Understanding - a Regional Enforcement Regime. Conclusions. Annexes: I: Formulation of Port State Provisions during the Negotiations for the Adoption of the UNLOSC. II: Documents on Enforcement Measures. III: Procedures for the Control of Ships and Discharges. IV: Paris Memorandum of Understanding on Port State Jurisdiction. V: Ministerial Declaration of the Fourth Ministerial Conference on Port State Control: `Safe Operation of Ships and Pollution Prevention'. Bibliography. Index.