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o t State ju
sd ct o – de
to
Port
jurisdiction
definition
◦ Article 218 UNCLOS
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Port State control (PSC) - the inspection of foreign ships
in national ports to verify that:
– the condition of the ship and its equipment comply
with the requirements of international regulations
– and that the ship is manned and operated in
compliance with these rules

Both IMO conventions and UNCLOS contain rules on PSC

Final
Fi l “Safety
“S f
net”” but
b not a guarantee against
i
accidents…
id

Three grounds for PS intervention:
– On its own initiative (Regional cooperation)
– At the request of the Flag State (FS) or coastal State (CS)
– Following an outside complaint
» ILO nr 147 (working
(
g conditions)) – information by
y crew,,
trade union, etc
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Article 226 Any physical inspection of the vessel
is limited to an examination of such certificates,
records or other documents as the vessel is
required to carry (Unless clear grounds…)
Not longer than necessary
Regional cooperation between maritime
authorities:
◦ Paris MOU and other
◦ www.parismou.org
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Internal waters = full sovereignty
◦ ”French” principle/non-intervention
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Right to prescribe conditions for admission
into port: Articles 25(2) and 211(3)
Article 218 – jurisdiction to initiate
proceedings for violations in other States’ TS
and EEZ
United States practice: Royal Carribean
Article 211(3) versus right of innocent
p
passage?
g
”Voluntarily” in the port
No obligation on PS to take measures (”as far
as practicable”)
Article 228 suspension of proceedings
◦ FS may overtake
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Conditions for PS jurisdiction to institute
proceedings:
◦ Requested by the damaged CS or FS
◦ Or the PS in question is damaged itself

Is there obligation to communicate with FS?
◦ “as far as practicable” (Art. 218(3))

What else can PS do?
◦ A vessell iin violation
i l i
off seaworthiness
hi
rules
l may b
be
prevented from sailing or ordered to proceed to the nearest
repair yard
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Coastal State jurisdiction – definition
Article 220(1) – ”voluntarily” in the port of the
CS
Limited jurisdiction to impose and enforce
safety rules in respect to foreign ships
passing along its coastline
…
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Art. 211(4) UNCLOS: [Anti-pollution]laws …shall…not hamper
innocent passage of foreign vessels
CS may prescribe rules on (Article 21)
◦ safety of navigation and the regulation of maritime traffic
◦ the preservation of the environment of the coastal State and the
prevention, reduction and control of pollution
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CS can establish sealanes and traffic separation schemes
thereof
But may not legislate on design, construction, manning or
equipment standards(CDEM)
Can CS adopt stricter discharge standards than
”international standards”? = MARPOL
◦ Are only ”wilful and serious” discharges prohibited in the
TS?
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What if the ”passage” is not ”innocent”?
◦ Wilful and serious pollution in TS
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CS may ”take the necessary steps in its
territorial sea to prevent passage which is
not innocent”
Enforcement in relation to pollution
violations: Article 220 (2)
» Right to stop, inspect and board the ship
» See also Article 27 UNCLOS on criminal jurisdiction
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Area adjacent to the territorial sea up to 200 nm
from the baselines
Confers rights and jurisdiction on the CS with
respect to extraction of natural resources, Art. 56,
Art. 73
◦ E.g.protect itself against illegal fisheries and pollution of
marine environment
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Part XII: jurisdiction
with respect to marine
j
ll
pollution
Otherwise, no jurisdiction under UNCLOS against
foreign vessels in the EEZ (?)
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Art. 211(5): only conforming to and
g
g effect to g
p
giving
generallyy accepted
international
rules and standards established through the
competent international organization…

Very limited enforcement jurisdiction
depending
p
g on the seriousness of p
pollution
(Article 220)
◦ Request information from the ship
◦ Substantial pollution – physical inspection
◦ Major damage - detention
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Torrey Canyon:
◦ 1969 International Convention on the Intervention
on High Seas in cases of Oil Pollution Casualties
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Rules on detention and release of vessels and
crews (Article 226)
Suspension and taking over proceedings by
flag State
Monetary penalties in most cases (Article
230)
Flag State may overtake proceedings within 6
months unless:
◦ violation within TS of the State instituting
proceedings
◦ Major damage to the environment
◦ Flag State repeatedly disregarded its obligation to
enforce effectively ...
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Proceedings
penalties
on foreign
g to impose
p
p
g
vessels to be instituted within three years
from the date of violation
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2. Monetary penalties only may be imposed
p
with respect
to violations of national laws and
regulations or applicable international rules
and standards for the prevention, reduction
and control of pollution of the marine
environment, committed by foreign vessels in
the territorial sea, except in the case of a
wilful and serious act of pollution in the
territorial sea.
What happens if the flag State violates
discharge standards while sailing on the high
seas?
Mainly up to the FS:
◦ a ship is a foreign state territory, a “floating island” of
that State
◦ Generally prohibited to take action against the foreign
vessel and the crew on the high seas
◦ Art. 27: penal and disciplinary jurisdiction in case of
incident of navigation is held by the FS or state of
master’s nationality
◦ Exception: Art. 110 right of visit (suspect of piracy,
slavery, ship without flag)
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Right of hot pursuit, Art. 111
◦ Good reason to believe that the ship violated the
laws of the CS
◦ Commenced while ship is still in the IW, TS or CZ
◦ Not interrupted
◦ Ceases when the pursued ship enters the TS of
another State
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International Convention Relating to Intervention
on the High Seas in case of Oil Pollution casualties
(1969):
◦ Torry Canyon (1969) – first disaster involving a supertanker
◦ CS can take measures on the high seas to protect their own
coastline
◦ Subject to a number of obligations (e.g. consultations
before taking
g measures))
◦ Liability for excessive measures (in Torrey Canyon:
bombardment, heavy detergents)
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Section 7 “Safeguards”:
Enforcement can only be exercised by military or
government crafts (Art. 224)
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Duty to avoid adverse consequences (Art. 225)
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Investigation
g
of vessels (Art.
(
226))
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Non-discrimination with respect to foreign vessels
(Art. 227)
Recognized rights of the accused must be observed
Art. 230(3)
◦ = human rights? E.g. ECHR
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Prestige disaster: Mangouras v Spain (ECHR), 8
January 2009
◦ Disproportionate security taking into account his personal
situation ( 3 million € )
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ECtHR:
◦ “…amount of the security,
y, although
g high,
g , was not
disproportionate taking into account the legal interest
protected, the seriousness of the crime in question and the
catastrophic consequences from both an environmental and
an economic point of view deriving from the spilling of the
cargo.”
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