Port state control and jurisdiction : evolution of the port state regime / by George C. Kasoulides.
1993
JX4138 K153 1993 (Map It)
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Details
Author
Title
Port state control and jurisdiction : evolution of the port state regime / by George C. Kasoulides.
Published
Dordrecht ; Boston : M. Nijhoff, 1993.
Distributed
Norwell, MA, U.S.A. : Sold and distributed in the U.S.A. and Canada by Kluwer Academic Publishers
Call Number
JX4138 K153 1993
ISBN
0792322819 (HB : acid-free paper)
Description
xxxv, 275 pages ; 25 cm
System Control No.
(OCoLC)27895331
Note
Revision of the author's thesis (Ph. D.)--London School of Economics, 1988
Bibliography, etc. Note
Includes bibliographical references (pages 250-266) and index.
Record Appears in
Table of Contents
Acknowledgements
Preface
Abbreviations
Table of Conventions
Table of Cases
List of Tables
Introduction
Ch. 1
The Regime and Access of Vessels to Foreign Ports - A Definitional Controversy
The Right of Access to Internal Waters
1
Sources of Law Concerning the Right of Entry into Ports
5
Right of Innocent Passage in Internal Waters
19
Regulatory and Enforcement Authority of the Port State
23
Ch. 2
International Legal Standards and Regulation of Vessel - Source Pollution
The Legal Nature of the International Legal Standards
35
The Role of the IMO Conventions
46
Ch. 3
The Nationality of Ships and the United Nations Convention on Conditions for Registration of Ships
Elements of Nationality
61
The Genuine Link Concept in the 1982 UNLOSC
63
Recent Developments
66
UNCTAD and the United Nations Convention on Conditions for Registration of Ships
67
Ch. 4
Open Registries and Substandard Vessels - The Role of International Organization
Their Origin and Evolution
76
Beneficial Ownership of Open Registry
85
ILO Practices and Substandard Vessels
93
The Role of the ITF in the Issue of Substandard Vessels
104
Ch. 5
Port State Enforcement Regime
Definition of a Port State's Enforcement Powers
110
Development of the "Port State Enforcement" Regime
111
The Enforcement Regime of the Marine Pollution Conventions
129
Identification of the Sources of Discharged Pollutants - Production of Sufficient Evidence for National Courts
135
Ch. 6
The Paris Memorandum of Understanding - A Regional Enforcement Regime
The First Developments - The Hague Memorandum
142
A Community Initiative - The Draft European Community Directive
145
Structure of the Paris MOU
149
Conclusions
183
Annex I. Formulation of Port State Provisions during the Negotiations for the Adoption of the 1982 UNLOSC
187
Annex II. Documents on Enforcement Measures
Annex III. Procedures for the Control of Ships and Discharges
221
Annex IV. Paris Memorandum of Understanding on Port State Jurisdiction
229
Annex V. Ministerial Declaration of the Fourth Ministerial Conference on Port State Control: "Safe Operation of Ships and Pollution Prevention"
241
Bibliography
250
Index
267