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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