Port State Control and Jurisdiction : : Evolution of the Port State Regime.
Saved in:
: | |
---|---|
Place / Publishing House: | Boston : : BRILL,, 1993. ©1993. |
Year of Publication: | 1993 |
Edition: | 1st ed. |
Language: | English |
Physical Description: | 1 online resource (311 pages) |
Tags: |
Add Tag
No Tags, Be the first to tag this record!
|
Table of Contents:
- Intro
- Title Page
- Copyright Page
- Table of Contents
- Acknowledgements
- Preface
- Abbreviations
- Table of Conventions
- Table of Cases
- List of Tables
- Introduction
- Chapter 1. The Regime and Access of Vessels to Foreign Ports - A Definitional Controversy
- 1. The Right of Access to Internal Waters
- 2. Sources of Law Concerning the Right of Entry into Ports
- 2.1. International Maritime Committee
- 2.2. United Nations Conference on Trade and Development
- 2.3. International Maritime Organization
- 2.4. Bilateral Treaties
- 2.5. Decisions in International Adjudication
- 2.6. Other Multinational Conventions
- 3. Right of Innocent Passage in Internal Waters
- 4. Conclusions
- 5. Regulatory and Enforcement Authority of the Port State
- 5.1. Jurisdiction to Regulate Vessels in Internal Waters
- 5.2. Jurisdiction over Activities with External or Internal Effects
- 5.3. Arrest of Vessels in Foreign Ports
- 5.3.1. The IMC Draft Convention for Revision of the 1952 Arrest Convention
- 5.4. Jurisdiction over Activities Preceding the Entry into Internal Waters of the Foreign Vessel
- Chapter 2. International Legal Standards and Regulation of Vessel - Source Pollution
- 1. The Legal Nature of the International Legal Standards
- 1.1. International Legal Standards in Regional Conventions
- 1.2. International Legal Standards in the 1986 United Nations Convention on Conditions for Registration of Ships
- 1.3. Conclusions
- 2. The Role of the IMO Conventions
- 2.1. International Convention for the Prevention of Pollution of the Sea by Oil, 1954 (OILPOL)
- 2.2. International Convention for the Prevention of Pollution from Ships, 1973, as incorporated in the Protocol of 1978 (MARPOL 73/78)
- 2.3. International Convention on Load Lines, 1966.
- 2.4. The International Convention for the Safety of Life at Sea, 1974 and its Protocol, 1978
- 2.5. Convention on the International Regulations for Preventing Collisions at Sea, 1972 (COLREG)
- 2.6. International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, 1978 (STCW)
- 2.7. The International Convention on Maritime Search and Rescue, 1979 (SAR)
- 2.8. International Convention on Civil Liability for Oil Pollution Damage, 1969 (CLC)
- Chapter 3. The Nationality of Ships and the United Nations Convention on Conditions for Registration of Ships
- 1. Elements of Nationality
- 2. The Genuine Link Concept in the 1982 UNLOSC
- 3. Recent Developments
- 4. UNCTAD and the United Nations Convention on Conditions for Registration of Ships
- 4.1. Historical Background
- 4.2. The Flag State Jurisdiction
- 4.3. The Port State Jurisdiction
- 5. Conclusions
- Chapter 4. Open Registries and Substandard Vessels - The Role of International Organization
- 1. Their Origin and Evolution
- 1.1. Definition of a Flag of Convenience
- 1.2. Composition and Characteristics
- 2. Beneficial Ownership of Open Registry
- 2.1. Equity Measures and Management Participation
- 2.2. Ownership, Manning, Management and Accountability - The 1986 United Nations Convention on Conditions for Registration for Ships
- 2.3. Conclusions
- 3. ILO Practices and Substandard Vessels
- 3.1. Obligations of the Flag State
- 3.2. Port State Jurisdiction
- 3.3. Application of ILO Convention No. 147 and Further Developments
- 3.4. Efforts to Revise the ILO Convention No. 147
- 3.5. Conclusions
- 4. The Role of the ITF in the Issue of Substandard Vessels
- 4.1. ITF and the 1986 UNCCORS
- 4.2. Conclusions
- Chapter 5. Port State Enforcement Regime
- 1. Definition of a Port State's Enforcement Powers.
- 2. Development of the "Port State Enforcement" Regime
- 2.1. The 1973 International Conference on Marine Pollution
- 2.2. The Concept of Port State Jurisdiction in the UK Proposal to the ILA
- 2.3. Developments during the UNCLOS III Conference
- 2.3.1. Main Characteristics of the Port State Enforcement Regime
- 2.3.2. Evaluation of the Port State Regime
- 3. The Enforcement Regime of the Marine Pollution Conventions
- 3.1. Evolution of the Mandatory Reporting System of the Pollution Conventions
- 3.2. Inspections and Penalties as Deterrents
- 4. Identification of the Sources of Discharged Pollutants - Production of Sufficient Evidence for National Courts
- 4.1. Surveillance and Airborne Sensors
- 4.2. Source Identification of Spilled Oil Samples and Other Pollutants
- 4.2.1. Legal Implications
- 4.3. Oil Discharge Monitoring
- 4.4. Conclusions
- Chapter 6. The Paris Memorandum of Understanding - A Regional Enforcement Regime
- 1. The First Developments - The Hague Memorandum
- 1.1. Legal Nature and Evaluation of the Hague Memorandum
- 2. A Community Initiative - The Draft European Community Directive
- 2.1. Evaluation of the EC Draft Directive
- 3. Structure of the Paris MOU
- 3.1. Jurisdictional Scope of the Paris MOU
- 3.2. Inspection Procedures
- 3.2.1. Inspection of "Non-convention" Vessels
- 3.2.2. Enforcement Powers
- 3.2.3. Inspection Results
- 3.2.4. Statistical Data on Deficiencies and Detentions
- 3.3. Regulation of Discharges
- 3.4. The MOU and the International Community
- 3.4.1. Developments at IMO
- 3.4.1.1. Deficiency Reports at the MSC
- 3.4.1.2. IMO's Reaction to the Paris MOU
- 3.4.2. Developments at ILO
- 3.4.3. The European Community
- 3.4.4. Developments at UNCTAD
- 3.4.5. Reaction of the Shipping Industry
- 3.4.6. Co-operation with Other Interested Parties
- 3.4.7. The Helsinki Convention.
- 3.4.8. The North Sea Conferences on the Protection of the North Sea
- 3.5. Final Developments - The Ministerial Conferences on Port State Control
- 3.6. Conclusions
- Conclusions
- ANNEX I. Formulation of Port State Provisions during the Negotiations for the Adoption of the 1982 UNLOSC
- ANNEX II. Documents on Enforcement Measures
- Part 1. Articles Relevant to Enforcement and Dissemination of Information
- Part 1A. OILPOL 1954 as Amended
- Part 1B. MARPOL 73/78
- Part 1C. Protocol I of MARPOL 73/78 (as amended)
- Part 1D. Guidelines for Reporting of Incidents Involving Harmful Substances
- Part 1E. Formats for Mandatory Reporting Systems under Annex I of MARPOL 73/78
- Part 2. Tables on Enforcement
- Table 1. Reports on Violations Submitted to the Flag State
- Table 2. Reports from Flag States on Violations by their Vessels
- Table 3. Port State (Coastal) Reports on Incidents and Penalties
- Table 4. Violations of the Provisions of the 1954 Convention
- Table 5. Distribution of Violations Relating to Oil Discharges Noted by the French Authorities between 1976 and 1983 and Action Taken Where Known
- Table 6. Distributions of Violations Noted by the French Authorities and Action Taken where Known
- Table 7. Reports on Enforcement of Conventions Submitted to the 23rd and 24th Sessions of the MEPC
- ANNEX III. Procedures for the Control of Ships and Discharges
- ANNEX IV. Paris Memorandum of Understanding on Port State Jurisdiction
- Part 1. Organizational Structure of the Paris MOU on Port State Control
- Part 2. Tables of Ratification of PSC Conventions
- Part 2a. European States
- Part 2b. Other States
- Part 2c. Open Registries
- Part 3. Major Categories of Deficiencies in Relation to Inspection/Ships
- Part 4. Inspection of Foreign Merchant Ships in Accordance with the MOU on Port State Control.
- Part 5. Delays/Detentions per Flag State Exceeding Average Percentage
- Part 5a. 1984-85
- Part 5b. 1986
- Part 5c. 1990
- ANNEX V. Ministerial Declaration of the Fourth Ministerial Conference on Port State Control: "Safe Operation of Ships and Pollution Prevention"
- BIBLIOGRAPHY
- Part I
- Part II
- INDEX.