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Port State Jurisdiction and the Regulation of International Merchant Shipping

Part of the Hamburg Studies on Maritime Affairs Book Series (volume 26)

DOI: 10.1007/978-3-319-00351-1

ISBN: 978-3-319-00350-4

Publisher: Springer International Publishing - Springer Journals

Jul 1, 2013

LitStream

Chapter 1Introduction

Marten, Bevan

Pages: 1 –6

[This book essentially focuses on the extent to which the following statement holds true: “If you want to visit my port, you have to follow my rules.” When, if ever, does a port state exceed its jurisdiction under international law in dictating to foreign vessels the standards they must meet, or...
LitStream

Chapter 2Background to Port State Jurisdiction

Marten, Bevan

Pages: 7 –35

[This chapter sets out the international law background to port state jurisdiction, demonstrating the nature and advantages of this concept when compared with other potential approaches to the regulation of international shipping.]
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Chapter 3The Growth of Port State Jurisdiction

Marten, Bevan

Pages: 37 –62

[This chapter provides an overview of the key economic and political developments that have influenced the way in which states exercise port state jurisdiction over visiting foreign vessels. It focuses primarily on the policy interests of port states, and where the current boundaries of port...
LitStream

Chapter 4Port States Taking Charge: The United States’ Cruise Vessel Security and Safety Act 2010

Marten, Bevan

Pages: 63 –115

[This chapter discusses a number of key legal issues involving port state jurisdiction, including certain extraterritorial implications and the concept of port entry conditions. Examples drawn from the United States’ Cruise Vessel Security and Safety Act 2010 (the Act) are used to illustrate...
LitStream

Chapter 5Port States Behind the Scenes: The European Union’s 2009 Insurance Directive

Marten, Bevan

Pages: 117 –160

[This chapter primarily discusses the EU’s Directive of 2009 on shipowners’ insurance (the Insurance Directive), and its interaction with the Convention on Limitation of Liability for Maritime Claims (the 1976 Convention) along with the 1996 Protocol to that convention (the 1996 Protocol).]
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Chapter 6Port States and Seafarers: Australia’s Maritime Employment Legislation

Marten, Bevan

Pages: 161 –221

[This chapter examines Australia’s Fair Work legislation of 2009, which brought seafarers aboard vessels substantially connected with Australia within the scope of Australian employment legislation, regardless of the seafarers’ nationality or the flag under which a vessel was operating. It also...
LitStream

Chapter 7Conclusions

Marten, Bevan

Pages: 223 –238

[This book began by asking the extent to which the statement “if you want to visit my port, you have to obey my rules” holds true. As the chapters which followed have suggested, the answer is not entirely clear, but certainly leans towards the port state having a very extensive jurisdiction over...

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