Book Cover
E-book
Author Marten, Bevan, author

Title Port state jurisdiction and the regulation of international merchant shipping / Bevan Marten
Published Cham : Springer, [2014]
©2014

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Description 1 online resource (xiv, 274 pages)
Series Hamburg studies on maritime affairs, 1867-9587 ; Volume 26
Hamburg studies on maritime affairs ; v. 26, 1614-2462
Contents Background to Port State Jurisdiction -- The Growth of Port State Jurisdiction -- Port States Taking Charge: The United States Cruise Vessel Security and Safety Act 2010 -- Port States Behind the Scenes: The European Union s 2009 Insurance Directive -- Port States and Seafarers: Australia's Maritime Employment Legislation -- Conclusions
Summary 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
Notes Based on the author's doctoral thesis--Max Planck Institute for Comparative and International Private Law, Hamburg, 2012
Bibliography Includes bibliographical references and index
Notes English
Online resource and print version record; title from PDF title page (SpringerLink, viewed September 3, 2013)
Subject European Parliament. Directive 2009/20/EC
United States. Cruise Vessel Security and Safety Act of 2010.
Australia. Fair Work Act 2009.
SUBJECT Cruise Vessel Security and Safety Act of 2010 (United States) fast
Fair Work Act 2009 (Australia) fast
Subject Harbors -- Law and legislation -- Case studies
Harbors -- Law and legislation -- European Union countries
Harbors -- Law and legislation -- United States
Harbors -- Law and legislation -- Australia
Jurisdiction over ships at sea.
LAW -- Military.
Droit.
Sciences sociales.
Sciences humaines.
Harbors -- Law and legislation
Jurisdiction over ships at sea
United States of America.
Australia.
European Union.
Ports.
Coastal states.
Maritime zones.
Extraterritorial jurisdiction.
International maritime law.
Australia
European Union countries
United States
Genre/Form Case studies
Case studies.
Études de cas.
Form Electronic book
Author Max-Planck-Institut für Ausländisches und Internationales Privatrecht.
ISBN 9783319003511
3319003518