4.4 Concluding Remarks
There is no gainsaying that efforts of port States and the exercise of port State control
inspections have greatly contributed to enhanced maritime safety and security and
prevention of marine pollution.
81 Port State control has indeed come to complement
the efforts of the flag State in the efforts towards efficient and safe shipping on clean
oceans.
82
Port State Control is a dynamic concept. As new conventions are developed by
the IMO and other international bodies, aimed at facilitating international shipping
and ensuring the safety and security of ships as well as the protection of the
environment, the template for inspection would change to take account of new
developments.
83
5 Summary and Conclusion
In this chapter, an attempt has been made to provide an overview of the three roles of
the State, namely, the coastal State, flag State and flag State roles, under UNCLOS in
terms of the rights, powers and jurisdictions that may be exercised. Under the caption
“The Coastal State”, the discussion is focused on the various maritime zones
appurtenant to the coastal State and also to the high seas. Among other things, the
discussion extends to the regime of warships and the immunities enjoyed by them vis
a vis the coastal State’s rights and jurisdiction, including those pertaining to internal
waters and ports. The regime of ports and the coastal State’s criminal jurisdiction are
also addressed. In the discussion on flag States, the notion of the “flag” in international law is explained and the roles, responsibilities, duties and powers of the flag
States are outlined. The phenomenon of flags of convenience or open registries, as
they are now called, is addressed in relation to the duties and responsibilities of then
flag State under UNCLOS and various other international maritime conventions. The
role of the port State is set out in UNCLOS, SOLAS and MARPOL, among other
81 Preamble to Assembly Resolution A. 1052 (27) 2011.
82 www.abujamou.org provides detailed information on inspections as well as data which encompasses, the number of inspections, deficiencies, detentions, type of ships, flag etc.
83 Recent Conventions such as the International Convention on the Control of Harmful Anti-fouling
Systems on Ships, (Anti-Fouling Convention), 2001, IMO Doc. AFS/CONF/26, the International
Convention for the Control and Management of Ships’ Ballast Water and Sediments, (Ballast Water
Management Convention) 1991, 30 I.L.M. 1455, International Convention on Liability and Compensation for Damage in Connection with the Carriage of Hazardous and Noxious Substances by
Sea, (HNS Convention), 35 I.L.M. 1406 and The Hong Kong International Convention for the Safe
and Environmentally Sound Recycling of Ships, 2009 (the Ship Recycling Convention or the Hong
Kong Convention, http://www.imo.org/en/OurWork/Environment/ShipRecycling/Pages/Default.
aspx, all have provisions for compliance that would have to be taken cognizance of under port
State control.
Coastal, Flag and Port State Jurisdictions: Powers and Other. . .
521
There is no gainsaying that efforts of port States and the exercise of port State control
inspections have greatly contributed to enhanced maritime safety and security and
prevention of marine pollution.
81 Port State control has indeed come to complement
the efforts of the flag State in the efforts towards efficient and safe shipping on clean
oceans.
82
Port State Control is a dynamic concept. As new conventions are developed by
the IMO and other international bodies, aimed at facilitating international shipping
and ensuring the safety and security of ships as well as the protection of the
environment, the template for inspection would change to take account of new
developments.
83
5 Summary and Conclusion
In this chapter, an attempt has been made to provide an overview of the three roles of
the State, namely, the coastal State, flag State and flag State roles, under UNCLOS in
terms of the rights, powers and jurisdictions that may be exercised. Under the caption
“The Coastal State”, the discussion is focused on the various maritime zones
appurtenant to the coastal State and also to the high seas. Among other things, the
discussion extends to the regime of warships and the immunities enjoyed by them vis
a vis the coastal State’s rights and jurisdiction, including those pertaining to internal
waters and ports. The regime of ports and the coastal State’s criminal jurisdiction are
also addressed. In the discussion on flag States, the notion of the “flag” in international law is explained and the roles, responsibilities, duties and powers of the flag
States are outlined. The phenomenon of flags of convenience or open registries, as
they are now called, is addressed in relation to the duties and responsibilities of then
flag State under UNCLOS and various other international maritime conventions. The
role of the port State is set out in UNCLOS, SOLAS and MARPOL, among other
81 Preamble to Assembly Resolution A. 1052 (27) 2011.
82 www.abujamou.org provides detailed information on inspections as well as data which encompasses, the number of inspections, deficiencies, detentions, type of ships, flag etc.
83 Recent Conventions such as the International Convention on the Control of Harmful Anti-fouling
Systems on Ships, (Anti-Fouling Convention), 2001, IMO Doc. AFS/CONF/26, the International
Convention for the Control and Management of Ships’ Ballast Water and Sediments, (Ballast Water
Management Convention) 1991, 30 I.L.M. 1455, International Convention on Liability and Compensation for Damage in Connection with the Carriage of Hazardous and Noxious Substances by
Sea, (HNS Convention), 35 I.L.M. 1406 and The Hong Kong International Convention for the Safe
and Environmentally Sound Recycling of Ships, 2009 (the Ship Recycling Convention or the Hong
Kong Convention, http://www.imo.org/en/OurWork/Environment/ShipRecycling/Pages/Default.
aspx, all have provisions for compliance that would have to be taken cognizance of under port
State control.
Coastal, Flag and Port State Jurisdictions: Powers and Other. . .
521