Port State Jurisdiction and the Regulation of International Merchant Shipping / by Bevan Marten.
2014
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Author
Title
Port State Jurisdiction and the Regulation of International Merchant Shipping / by Bevan Marten.
Added Corporate Author
Edition
1st ed. 2014.
Imprint
Cham : Springer International Publishing : Imprint: Springer, 2014.
Description
XIV, 274 p. online resource.
Series
Hamburg Studies on Maritime Affairs, International Max Planck Research School for Maritime Affairs at the University of Hamburg, 1614-2462 ; 26.
Formatted Contents Note
Introduction
Background to Port State Jurisdiction
The Growth of Port State Jurisdiction
Port States Taking Charge: The United States' Cruise Vessel Security and Safety Act 2010
Port States Behind the Scenes: The European Union's 2009 Insurance Directive
Port States and Seafarers: Australia's Maritime Employment Legislation
Conclusions.
Background to Port State Jurisdiction
The Growth of Port State Jurisdiction
Port States Taking Charge: The United States' Cruise Vessel Security and Safety Act 2010
Port States Behind the Scenes: The European Union's 2009 Insurance Directive
Port States and Seafarers: Australia's Maritime Employment Legislation
Conclusions.
Summary
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.
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Language
English
ISBN
9783319003511
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