The MARPOL Port State Jurisdiction Regime

This chapter introduces the reader to port State jurisdiction in public international law, linking customary law traditions to its utilization in the International Convention for the Prevention of Pollution from Ships (MARPOL). Its provisions are contextualized within their relationship to the United Nations Convention on the Law of the Sea, both historically as a matter of treaty negotiations, and contemporarily as a matter of defining generally accepted international rules and standards for port States regulating vessel-source pollution. Port States play a key role in promoting and evolving the uniform and universal application of MARPOL standards as, by-and-large, minimum global standards. Complementary principles—such as no more favourable treatment—and mechanisms—such as regional port State control memorandums—are highlighted, as well as several relevant implementation strategies, for example, concentrated inspection campaigns.