4.2 Coastal State
The coastal state in relation to a ship is that state in whose maritime zone a ship is
situated at a given time.
82 Coastal state jurisdiction can be exercised in the territorial
sea, internal water, and in the Exclusive Economic Zone (EEZ) in respect of safety
and maritime pollution under UNCLOS. The jurisdiction in the territorial seas is
subject to the foreign ship’s right of innocent passage. Pollution jurisdiction can be
exercised in the EEZ under UNCLOS Even though the high seas are not considered
to be a maritime zone, the coastal state can exercise jurisdiction on the high seas
under the Intervention Convention.
83 There is some confusion over the extent to
which coastal states have the right to exercise enforcement jurisdiction on foreign
ships traversing its waters.
84
4.3 Port State
In relation to a ship, a port state is that state in whose port or offshore terminal a ship
is situated at any given time.
85 Port state jurisdiction is largely exercised through port
state control which is provided for under major IMO Conventions such as
MARPOL, SOLAS STCW and Load Lines. The requirements for port state control
are contained in UNCLOS in respect of safety and pollution. Port state control is
referred to as being corrective in that its exercise aims to correct non-compliance or
non-effective flag state enforcement. Jurisdiction is primarily based on inspection of
certificates. Inspection of the ship and its equipment occurs only if there are clear
grounds to do so. Under SOLAS, operational requirements can be checked if there
are clear grounds that crew are not familiar with essential shipboard procedures. The
flag state must be notified of any actions taken by port state control including
detention.
86 Procedures for port state control are outlined in IMO Resolution
A.787(19).
Through the mechanism of port state control, much has been achieved by way of
ensuring that ships do comply with required standards established internationally.
Port state control as an institution, has had to step in to carry out the regulatory and
enforcement tasks which the flag states allegedly failed to do. While port state
control is most useful in curbing sub-standard practices in shipping, the system
evidently does not always function in a fair and expedient manner. This has given
rise, in some instances, to needless harassment of ships simply because of the illegal
practice of flag targeting, and sometimes due to incompetence on the part of port
82 Mukherjee and Brownrigg (2013), p. 179.
83 970 UNTS 211.
84 Churchill and Lowe (1999), pp. 95–99.
85 Mukherjee and Brownrigg (2013), p. 179.
86 Mukherjee (2000), p. 114.
598
R. Mukherjee
The coastal state in relation to a ship is that state in whose maritime zone a ship is
situated at a given time.
82 Coastal state jurisdiction can be exercised in the territorial
sea, internal water, and in the Exclusive Economic Zone (EEZ) in respect of safety
and maritime pollution under UNCLOS. The jurisdiction in the territorial seas is
subject to the foreign ship’s right of innocent passage. Pollution jurisdiction can be
exercised in the EEZ under UNCLOS Even though the high seas are not considered
to be a maritime zone, the coastal state can exercise jurisdiction on the high seas
under the Intervention Convention.
83 There is some confusion over the extent to
which coastal states have the right to exercise enforcement jurisdiction on foreign
ships traversing its waters.
84
4.3 Port State
In relation to a ship, a port state is that state in whose port or offshore terminal a ship
is situated at any given time.
85 Port state jurisdiction is largely exercised through port
state control which is provided for under major IMO Conventions such as
MARPOL, SOLAS STCW and Load Lines. The requirements for port state control
are contained in UNCLOS in respect of safety and pollution. Port state control is
referred to as being corrective in that its exercise aims to correct non-compliance or
non-effective flag state enforcement. Jurisdiction is primarily based on inspection of
certificates. Inspection of the ship and its equipment occurs only if there are clear
grounds to do so. Under SOLAS, operational requirements can be checked if there
are clear grounds that crew are not familiar with essential shipboard procedures. The
flag state must be notified of any actions taken by port state control including
detention.
86 Procedures for port state control are outlined in IMO Resolution
A.787(19).
Through the mechanism of port state control, much has been achieved by way of
ensuring that ships do comply with required standards established internationally.
Port state control as an institution, has had to step in to carry out the regulatory and
enforcement tasks which the flag states allegedly failed to do. While port state
control is most useful in curbing sub-standard practices in shipping, the system
evidently does not always function in a fair and expedient manner. This has given
rise, in some instances, to needless harassment of ships simply because of the illegal
practice of flag targeting, and sometimes due to incompetence on the part of port
82 Mukherjee and Brownrigg (2013), p. 179.
83 970 UNTS 211.
84 Churchill and Lowe (1999), pp. 95–99.
85 Mukherjee and Brownrigg (2013), p. 179.
86 Mukherjee (2000), p. 114.
598
R. Mukherjee