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Port State Jurisdiction and the Regulation of International Merchant Shipping

Port State Jurisdiction and the Regulation of International Merchant Shipping

by Bevan Marten
Paperback
Publication Date: 12/09/2013

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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.
ISBN:
9783319003504
9783319003504
Category:
International maritime law
Format:
Paperback
Publication Date:
12-09-2013
Language:
English
Publisher:
Springer International Publishing AG
Country of origin:
Switzerland
Pages:
274
Dimensions (mm):
235x155x15mm
Weight:
4.39kg

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