Port State Jurisdiction and the Regulation of International Merchant Shipping

• Κύριος συγγραφέας: Marten, Bevan (Συγγραφέας)
• Συγγραφή απο Οργανισμό/Αρχή: SpringerLink (Online service)
• Μορφή: Ηλεκτρονική πηγή Ηλ. βιβλίο
• Γλώσσα: English
• Έκδοση: Cham : Springer International Publishing : Imprint: Springer, 2014.
• Σειρά: Hamburg Studies on Maritime Affairs, International Max Planck Research School for Maritime Affairs at the University of Hamburg, 26
• Θέματα: Law.; Private international law.; Conflict of laws.; International law.; Comparative law.; Law of the sea.; Law of the Sea, Air and Outer Space.; Private International Law, International & Foreign Law, Comparative Law.

 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. 

 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.