Under port State control, a ship would normally be detained when she is found to
be dangerously unsafe, have not complied with requirements in respect of crew and
also in respect of the marine environment. Apart from the provisions of the IMO,
ILO and rules of other competent bodies, UNCLOS also provides for enforcement
by port States.
75
Indeed, the powers of the port State lie in the fact that there is no obligation for it
to accept vessels into its domain without a prior approval or authorization. It also
retains the power to “establish particular requirements for the prevention, reduction
and control of pollution of the marine environment as a condition for the entry of
foreign vessels into their ports or internal waters or for calls at their offshore
terminals”.
76 UNCLOS makes provision for port States or off-shore terminals to
undertake investigations and where the evidence so warrants institute proceedings in
respect of discharge from that vessel outside internal waters, territorial sea or the
EEZ of that State. The convention prohibits the holding of proceedings in respect of
another State with respect to discharges in its internal waters, territorial sea or
exclusive economic zone unless requested by the State that suffers the violation.
The convention also provides that when a vessel is voluntarily within a port or at
an offshore terminal of a State, that State shall as far as practicable, comply with
requests from any State for investigation of a discharge violation believed to have
occurred in, caused, or threatened damage to the internal waters, territorial sea or the
EEZ of the requesting State. The same applies with respect to requests from the flag
State. It also enjoins the port State to transmit the records of the investigation to the
coastal State or flag State as the case may be.
4.2 Port State Control
Port State control is an internationally agreed practice whereby foreign ships are
subjected to the verification of their condition when in national ports to ensure the
ship and its equipment complies with standards and requirements set by international
instruments. These international instruments are those agreed to by the international
community within the framework of international institutions such as the IMO and
the ILO and lately WHO. These checks would also seek to verify whether the ship is
manned, maintained and operated in accordance with the requisite international
instruments. The right and jurisdiction of the port State to conduct inspections of
foreign vessels is not only derived through agreements but also as pointed out earlier,
from the sovereignty of the coastal State. In line with its sovereignty, the coastal
State may enact legislation for the protection of its marine environment including
75 UNCLOS Article 218.
76 The acceptance of foreign vessels into ports is essentially a matter of reciprocity largely guided by
the 1923 Convention and Statute of the International Regime of Maritime Ports, concluded in
Geneva on 9th December 1923, 58 LNTS 285.
Coastal, Flag and Port State Jurisdictions: Powers and Other. . .
517
be dangerously unsafe, have not complied with requirements in respect of crew and
also in respect of the marine environment. Apart from the provisions of the IMO,
ILO and rules of other competent bodies, UNCLOS also provides for enforcement
by port States.
75
Indeed, the powers of the port State lie in the fact that there is no obligation for it
to accept vessels into its domain without a prior approval or authorization. It also
retains the power to “establish particular requirements for the prevention, reduction
and control of pollution of the marine environment as a condition for the entry of
foreign vessels into their ports or internal waters or for calls at their offshore
terminals”.
76 UNCLOS makes provision for port States or off-shore terminals to
undertake investigations and where the evidence so warrants institute proceedings in
respect of discharge from that vessel outside internal waters, territorial sea or the
EEZ of that State. The convention prohibits the holding of proceedings in respect of
another State with respect to discharges in its internal waters, territorial sea or
exclusive economic zone unless requested by the State that suffers the violation.
The convention also provides that when a vessel is voluntarily within a port or at
an offshore terminal of a State, that State shall as far as practicable, comply with
requests from any State for investigation of a discharge violation believed to have
occurred in, caused, or threatened damage to the internal waters, territorial sea or the
EEZ of the requesting State. The same applies with respect to requests from the flag
State. It also enjoins the port State to transmit the records of the investigation to the
coastal State or flag State as the case may be.
4.2 Port State Control
Port State control is an internationally agreed practice whereby foreign ships are
subjected to the verification of their condition when in national ports to ensure the
ship and its equipment complies with standards and requirements set by international
instruments. These international instruments are those agreed to by the international
community within the framework of international institutions such as the IMO and
the ILO and lately WHO. These checks would also seek to verify whether the ship is
manned, maintained and operated in accordance with the requisite international
instruments. The right and jurisdiction of the port State to conduct inspections of
foreign vessels is not only derived through agreements but also as pointed out earlier,
from the sovereignty of the coastal State. In line with its sovereignty, the coastal
State may enact legislation for the protection of its marine environment including
75 UNCLOS Article 218.
76 The acceptance of foreign vessels into ports is essentially a matter of reciprocity largely guided by
the 1923 Convention and Statute of the International Regime of Maritime Ports, concluded in
Geneva on 9th December 1923, 58 LNTS 285.
Coastal, Flag and Port State Jurisdictions: Powers and Other. . .
517