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Port State Jurisdiction in Respect of Pollution from Ships: The 1982 United Nations Convention on the Law of the Sea and the Memoranda of Understanding
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1999
Year
EngineeringEnvironmental LawLawLaw Of The SeaInternational Environmental LawMaritime SafetyEnvironmental LegislationEnvironmental PolicyLos ConventionNaval ArchitectureUnited Nations ConventionMarine PollutionMaritime TradeInternational RulePublic PolicyMaritime OperationsInternational RelationsPort State JurisdictionPort StateInternational LawMarine TransportInternational Legal StudiesRegulationMaritime CooperationInternational Institutions
Abstract The negotiations carried out during the Third United Nations Conference on the Law of the Sea have witnessed the emergence of a new concept, that of port state jurisdiction. According to the relevant provisions incorporated in the text of the 1982 United Nations Convention on the Law of the Sea (LOS Convention), the port state is granted several innovative powers in case of marine pollution caused by vessels. The purpose of this article is to trace the evolution of the concept of port state jurisdiction in light of the relevant provisions of the LOS Convention, which entered into force on November 16, 1994. It also examines the development of the Memoranda of Understanding on Port State Control, which are cooperative regional arrangements having the effect of leading states parties towards consistency with international rules and standards as set forth in several international agreements dealing with, inter alia, marine pollution. Keywords: Cdem Rules And Standards;Detention;Discharge;Enforcement;Flag State;Jurisdiction;Marine Pollution;Mou;Port State;Los Convention