3.5 Concluding Remarks
The legal notion of the flag state embracing such important matters as the nationality
of ships and the process of registration through which it is acquired, are indispensable facets of public international maritime law. The role, responsibilities and duties
of the flag state which are circumscribed by IMO and ILO conventions and compliance with their provisions are extremely important for the smooth operation of global
shipping. In this respect, the phenomenon of the open registry or flag of convenience
is a significant factor in the contemporary milieu of shipping. All flag states,
regardless of their denomination, should subscribe to the relevant international
convention instruments and comply with their requirements without exception.
4 The Port State
4.1 Preliminary Observations
Fundamentally, the powers of jurisdiction, control and enforcement ascribed to the
coastal State naturally inure to the benefit of the port State, for the port State is
essentially a coastal State. The nature of the powers of the port State are akin to the
powers of the coastal State with respect to its internal waters as almost invariably, the
port is located in internal waters.
71 The port State would thus have powers of
sovereignty which the coastal State has. Despite this seeming superfluous overlap,
the UNCLOS makes provision for the port State.
72
A closer examination of the provisions of UNCLOS with respect to the port State
would reveal that the port has peculiar characteristics because of which it is clothed
with enforcement jurisdiction. Its enforcement jurisdiction is particularly associated
with the control of marine pollution from vessels as it would have the capacity to
prevent a pollution prone vessel from sailing.
73 MARPOL 73/78
74 provides for
cooperation in the detection of violations and the enforcement of the provisions of
the convention through appropriate practical measures of detection, environmental
monitoring, adequate procedures for reporting and accumulation of evidence to
complement the powers of the flag State in this respect.
akin to what happens today with respect to the trafficking of women and children. It is however
doubtful if these provisions would be adequate in dealing with the new menace of human
trafficking; Protocol to Prevent, Suppress and Punish Trafficking in Persons Especially Women
and Children which supplements the United Nations Convention against Transnational Organised
Crime (2000).
71 UNCLOS Article 8 provides for what constitutes internal waters with the requisite exceptions.
72 UNCLOS Article 218 deals with the enforcement powers of port States.
73 UNCLOS Article 219 deals with measures relating to seaworthiness of vessels to avoid pollution.
74 MARPOL Article 6 (1).
516
E. K. Mbiah
The legal notion of the flag state embracing such important matters as the nationality
of ships and the process of registration through which it is acquired, are indispensable facets of public international maritime law. The role, responsibilities and duties
of the flag state which are circumscribed by IMO and ILO conventions and compliance with their provisions are extremely important for the smooth operation of global
shipping. In this respect, the phenomenon of the open registry or flag of convenience
is a significant factor in the contemporary milieu of shipping. All flag states,
regardless of their denomination, should subscribe to the relevant international
convention instruments and comply with their requirements without exception.
4 The Port State
4.1 Preliminary Observations
Fundamentally, the powers of jurisdiction, control and enforcement ascribed to the
coastal State naturally inure to the benefit of the port State, for the port State is
essentially a coastal State. The nature of the powers of the port State are akin to the
powers of the coastal State with respect to its internal waters as almost invariably, the
port is located in internal waters.
71 The port State would thus have powers of
sovereignty which the coastal State has. Despite this seeming superfluous overlap,
the UNCLOS makes provision for the port State.
72
A closer examination of the provisions of UNCLOS with respect to the port State
would reveal that the port has peculiar characteristics because of which it is clothed
with enforcement jurisdiction. Its enforcement jurisdiction is particularly associated
with the control of marine pollution from vessels as it would have the capacity to
prevent a pollution prone vessel from sailing.
73 MARPOL 73/78
74 provides for
cooperation in the detection of violations and the enforcement of the provisions of
the convention through appropriate practical measures of detection, environmental
monitoring, adequate procedures for reporting and accumulation of evidence to
complement the powers of the flag State in this respect.
akin to what happens today with respect to the trafficking of women and children. It is however
doubtful if these provisions would be adequate in dealing with the new menace of human
trafficking; Protocol to Prevent, Suppress and Punish Trafficking in Persons Especially Women
and Children which supplements the United Nations Convention against Transnational Organised
Crime (2000).
71 UNCLOS Article 8 provides for what constitutes internal waters with the requisite exceptions.
72 UNCLOS Article 218 deals with the enforcement powers of port States.
73 UNCLOS Article 219 deals with measures relating to seaworthiness of vessels to avoid pollution.
74 MARPOL Article 6 (1).
516
E. K. Mbiah