By Bevan Marten
This ebook examines the concept that of port country jurisdiction within the context of overseas maritime legislations. particularly the publication makes a speciality of events the place port states have used their jurisdiction over vacationing foreign-flagged vessels to use unilateral household legislations, compared with the internationally-agreed criteria enforced by means of neighborhood port kingdom keep watch over enterprises. to demonstrate the criminal matters concerned 3 fresh items of laws are analysed intimately: the U.S.' Cruise Vessel safety and security Act 2010, the EU's legal responsibility coverage directive of 2009, and Australia's reasonable paintings Act 2009. Key matters comprise the legality of port states’ makes an attempt to control points of a vessel’s constitution or gear, or perhaps sure actions which may happen ahead of a vessel’s arrival in port. the writer argues that examples of unilateral measures being imposed in terms of port country jurisdiction are turning out to be, and that with no energetic protests from flag states this idea will proceed to extend in scope. As foreign legislations at present provides only a few regulations at the activities of formidable port states, such advancements can have an important effect at the way forward for overseas maritime regulation.
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Sample text
5 Port Access 31 exercise of port state jurisdiction. 148 The stance taken by this author is that the French position does not represent a rule of customary international law. 149 Such a rule may concern only the state’s approach to on-board crimes, as in the original French doctrine, or a broader range of laws. 5 Port Access Separate from the issue of a port state’s authority over a visiting foreign vessel is that of the vessel’s right to access port in the first place. Not all ports are open to international trade all of the time.
161 Lauterpacht, International Law: A Treatise by L Oppenheim (vol 1, 1955), para 450. Restrictions on a particular flag may be more objectionable as such a practice can lead to allegations of discrimination, see for example de La Fayette, “Access to Ports in International Law” (1996), 20–21. 162 Churchill and Lowe, The Law of the Sea (1999), 62; Kasoulides, Port State Control and Jurisdiction: Evolution of the Port State Regime (1993), 21. 2 Access Rights by Agreement There does not appear to have been any attempt to reply to the majority’s line of argument regarding port access in the past 20 years.
However, in the decades following the Aramco decision a number of scholars have explored this issue and persuasively concluded that there is no such right of access,158 relying on international agreements such as UNCLOS as well as court and tribunal decisions,159 and the work of scholarly international law bodies160 in their analysis. 162 This position is based on the absence of sufficient 152 Saudi Arabia v Arabian American Oil Company (Aramco) (1958) 27 ILR 117, 212. Laun, “Le Re´gime International des Ports” (1927), 30 and following.