Implementation of IMO instruments from a port state perspective

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Abstract

In seeking to fulfil its mission, the International Maritime Organization (IMO) is dependent on the capabilities of its Member States. While flag States remain primarily responsible for ensuring compliance of their registered vessels with instruments adopted under that United Nations specialized agency’s aegis, coastal States also play a competing but complementary role in the balance of jurisdiction over ships. In particular, the right to regulate the vessel’s intent on visiting the port, or its presence therein, is often relied upon to account for the limitations of flag State enforcement. The capacity to act as a port State under international law is the basis for certain implementation mechanisms stemming from treaty provisions on port state control, as well as for innovative practices of port States, either collectively or individually. This chapter provides the reader with an overview of the role of port State jurisdiction in IMO law and practice, and the challenges that can arise in the complex relationship between port States and the IMO.
Original languageEnglish
Title of host publicationThe Elgar Companion to the Law and Practice of the International Maritime Organization
EditorsLaura Carballo Piñeiro, Maximo Q. Mejia Jr
Number of pages23
PublisherEdward Elgar Publishing
Publication date10 Sept 2024
Pages330–352
Chapter17
ISBN (Print)978 1 80220 687 6
ISBN (Electronic)9781802206883
DOIs
Publication statusPublished - 10 Sept 2024
SeriesElgar Companions to the Law and Practice of the UN Specialised Agencies series

Keywords

  • Port States
  • Jurisdiction
  • Port State control
  • Port State inspection
  • Treaty implementation
  • Law of the sea

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