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Port State Jurisdiction and the Regulation of International Merchant Shipping

  • Book
  • © 2014

Overview

Authors:
  1. Bevan Marten

    1. School of Law, Victoria University of Wellington, Wellington, New Zealand

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  • First book to focus exclusively on port state jurisdiction as a standalone concept
  • Detailed legal analysis drawing on a wide range of international sources
  • Particular relevance to government maritime administrations?
  • Includes supplementary material: sn.pub/extras

Part of the book series: Hamburg Studies on Maritime Affairs (HAMBURG, volume 26)

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Table of contents (7 chapters)

  1. Front Matter

    Pages i-xiv
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  2. Introduction

    • Bevan Marten
    Pages 1-6

  3. Background to Port State Jurisdiction

    • Bevan Marten
    Pages 7-35

  4. The Growth of Port State Jurisdiction

    • Bevan Marten
    Pages 37-62

  5. Port States Taking Charge: The United States’ Cruise Vessel Security and Safety Act 2010

    • Bevan Marten
    Pages 63-115

  6. Port States Behind the Scenes: The European Union’s 2009 Insurance Directive

    • Bevan Marten
    Pages 117-160

  7. Port States and Seafarers: Australia’s Maritime Employment Legislation

    • Bevan Marten
    Pages 161-221

  8. Conclusions

    • Bevan Marten
    Pages 223-238

  9. Back Matter

    Pages 239-274
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Keywords

About this book

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.​

Authors and Affiliations

  • School of Law, Victoria University of Wellington, Wellington, New Zealand

    Bevan Marten

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