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The Law of the SeaProgress and Prospects$
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David Freestone, Richard Barnes, and David Ong

Print publication date: 2006

Print ISBN-13: 9780199299614

Published to Oxford Scholarship Online: January 2010

DOI: 10.1093/acprof:oso/9780199299614.001.0001

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Port State Jurisdiction: Towards Mandatory and Comprehensive Use

Port State Jurisdiction: Towards Mandatory and Comprehensive Use

Chapter:
(p.192) 11 Port State Jurisdiction: Towards Mandatory and Comprehensive Use
Source:
The Law of the Sea
Author(s):

Erik Jaap Molenaar

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199299614.003.0011

Ports are an obvious place to verify if visiting foreign vessels are in compliance with certain types of national or international technical standards, or if they have engaged in certain illegal behaviour in the port state's own maritime zones, in the maritime zones of other states, or on the high seas. This chapter deals with port state jurisdiction in the realm of the competence of the International Maritime Organisation (IMO), the International Labour Organisation (ILO), or regional fisheries management organisations (RFMOs). The chapter uses ‘port state’ in a broad sense, encompassing jurisdiction over the port's own maritime zones (in its capacity as coastal state) as well as over the high seas and the maritime zones of other coastal states. The scope and extent of jurisdiction of port states under current general international law are discussed, along with access to ports, conditions for entry into ports, extra-territorial prescription, and in-port enforcement as well as the implications of international trade law. The broadening scope, optimising use of jurisdiction, and the move towards mandatory port state jurisdiction and global coverage are also addressed.

Keywords:   ports, port states, jurisdiction, international law, International Maritime Organisation, International Labour Organisation, regional fisheries management, maritime zones, international trade law

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