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Coastal State Regulation of International Shipping

Author : Lindy Sue Johnson

Publisher :

Page : 236 pages

File Size : 32,48 MB

Release : 2004

Category : Law

ISBN :

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Book Description

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.





International Shipping Law

Author : G. P. Pamborides

Publisher : Martinus Nijhoff Publishers

Page : 282 pages

File Size : 19,23 MB

Release : 1999-05-19

Category : Law

ISBN : 9789041111937

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Book Description

The combination of the Port State Control system that is currently in operation and the tactics employed by the International Maritime Organization (IMO) for the introduction of rules and regulations for safety and pollution prevention at sea, led to the establishment of a system which has the potential to bring about significant changes. These changes extend beyond the area of safety and pollution prevention, reaching areas lying entirely beyond the scope of IMO, and actually affecting directly private maritime law. The relevant provisions of the law of the sea are outlined, in order to define the legal framework within which the regulation process for matters of safety and pollution prevention may operate. Special reference is made to the development of the concept of Port State Control and its emergence as a new, alternative method of enforcement under the guidance of IMO. The study focuses on the modus operandi of IMO and critically evaluates the tactics employed by the organization in pursuing its ends. The book also examines the practices employed by influential port states in enforcing international regulations, and it assesses the reactions of smaller states with large registries, as well as the different sectors of the industry to these developments. These developments will lead to new legislation in the contracting states, with the potential of changing the principles of private maritime law. The author also draws attention to the impact that the ISM Code and the STCW '95 may have on issues of private maritime law, through an analysis of the use of English maritime case law. The book is intended for all involved in shipping law - carriers, shipowners, ship managers, marine insurers, port managers, and others.



Port State Jurisdiction and the Regulation of International Merchant Shipping

Author : Bevan Marten

Publisher : Springer Science & Business Media

Page : 282 pages

File Size : 24,8 MB

Release : 2013-08-31

Category : Law

ISBN : 3319003518

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Book Description

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.​



International Shipping Law

Author : G.P. Pamborides

Publisher : BRILL

Page : 278 pages

File Size : 15,40 MB

Release : 2024-01-22

Category : Law

ISBN : 9004638490

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Book Description

The combination of the Port State Control system that is currently in operation and the tactics employed by the International Maritime Organization (IMO) for the introduction of rules and regulations for safety and pollution prevention at sea, led to the establishment of a system which has the potential to bring about significant changes. These changes extend beyond the area of safety and pollution prevention, reaching areas lying entirely beyond the scope of IMO, and actually affecting directly private maritime law. The relevant provisions of the law of the sea are outlined, in order to define the legal framework within which the regulation process for matters of safety and pollution prevention may operate. Special reference is made to the development of the concept of Port State Control and its emergence as a new, alternative method of enforcement under the guidance of IMO. The study focuses on the modus operandi of IMO and critically evaluates the tactics employed by the organization in pursuing its ends. The book also examines the practices employed by influential port states in enforcing international regulations, and it assesses the reactions of smaller states with large registries, as well as the different sectors of the industry to these developments. These developments will lead to new legislation in the contracting states, with the potential of changing the principles of private maritime law. The author also draws attention to the impact that the ISM Code and the STCW '95 may have on issues of private maritime law, through an analysis of the use of English maritime case law. The book is intended for all involved in shipping law - carriers, shipowners, ship managers, marine insurers, port managers, and others.



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

Author : Haijiang Yang

Publisher : Springer Science & Business Media

Page : 294 pages

File Size : 14,45 MB

Release : 2006-07-30

Category : Law

ISBN : 3540331921

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Book Description

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.



Farthing on International Shipping

Author : Proshanto K. Mukherjee

Publisher : Springer Science & Business Media

Page : 428 pages

File Size : 25,97 MB

Release : 2013-06-12

Category : Law

ISBN : 3642345980

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Book Description

The book provides an introduction to shipping in all its aspects. It is a valuable source of information for students of traditional maritime law as well as for those who seek to understand maritime and shipping services on a global scale. The text includes information and analytical content on national and international practices in shipping, including the age-old dichotomy between freedom in international shipping and the persistent demands of states to control specific maritime areas, as well as the tension between, on the one hand, the desire on the part of sovereign states to regulate and protect their shipping interests and, on the other, the abiding concern and unquestioned right of the international community to regulate the global shipping industry effectively, in order to ensure maritime safety, protection of the environment and fair competition.



Coastal State Jurisdiction over Living Resources in the Exclusive Economic Zone

Author : Camille Goodman

Publisher : Oxford University Press

Page : 433 pages

File Size : 27,48 MB

Release : 2021-11-15

Category : Law

ISBN : 019265067X

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Book Description

Under the 1982 United Nations Convention on the Law of the Sea, coastal States have sovereign rights to explore, exploit, conserve, and manage the living resources of the 200 nautical mile exclusive economic zone (EEZ). However, 40 years after the adoption of the Convention, there is still a great deal of uncertainty about the nature and extent of these sovereign rights. Coastal State Jurisdiction over Living Resources in the Exclusive Economic Zone examines the ways in which coastal States can exercise authority on the basis of their sovereign rights over living resources in the EEZ. Dr Camille Goodman explores the key concepts of 'fishing' and 'fishing related activities' to establish what vessels and which activities can be regulated by coastal States, canvasses the criteria and conditions that coastal States can apply as part of regulating foreign access to their resources, and considers the regulation of unlicensed foreign fishing vessels in transit through the EEZ. Goodman also examines how such regulations can be enforced within the EEZ and the circumstances under which enforcement can take place beyond the EEZ following hot pursuit. A review and analysis of the practice of 145 States identifies the contemporary extent of coastal State jurisdiction over living resources in the EEZ and offers a unique, fresh perspective on the underlying and enduring nature of that jurisdiction. Underpinned by a rigorous examination of the Convention, jurisprudence, and literature, as well as being supported by carefully documented State practice, Coastal State Jurisdiction over Living Resources in the Exclusive Economic Zone proposes a more predictable framework within which to resolve jurisdictional challenges in the EEZ.



Jurisdiction over Ships

Author : Henrik Ringbom

Publisher : BRILL

Page : 466 pages

File Size : 11,97 MB

Release : 2015-08-11

Category : Law

ISBN : 9004303502

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Book Description

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.



Federal Maritime Commission Management and Regulation of International Shipping

Author : United States. Congress. House. Committee on Transportation and Infrastructure. Subcommittee on Coast Guard and Maritime Transportation

Publisher :

Page : 184 pages

File Size : 30,51 MB

Release : 2008

Category : Business & Economics

ISBN :

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Book Description

Of subject matter -- Testimony. Berzon, Michael, president, Mar-Log, Inc., chairman, Ocean Transportation Committee, National Industrial Transportation League -- Brennan, Commissioner Joseph E., Commissioner, Federal Maritime Commission -- Cole, Donald A. Management Consultant -- Creel, Jr., Commissioner Harold J., Commissioner, Federal Maritime Commission -- Dye, Commissioner Rebecca F., Commissioner, Federal Maritime Commission -- Friedmann, Peter, executive director, Agriculture Transportation Coalition -- Froelich, Win, General Counsel, National Association of Waterfront Employers -- Muoio, Mary Jo, president, National Customs Brokers and Forwarders Association of America, Inc. -- Sher, Stanley O., acting president, World Shipping Council -- Prepared statements submitted by members of Congress. Cummings, Hon. Elijah E., of Maryland -- Oberstar, Hon. James L., of Minnesota -- Prepared statements submitted by witnesses. Berzon, Michael -- Cole, Donald A. -- Creel, Jr., Harold J. -- Dye, Rebecca F. -- Friedmann, Peter -- Froelich, Win -- Muoio, Mary Jo -- Sher, Stanley O. -- Additions to the record. American Association of Port Authorities, Jean Godwin, executive vice president and general counsel, written statement -- Household Goods Forwarders Association of America, Terry R. Head, president, written statement.