5 Port State Jurisdiction, International Conventions, and Extraterritoriality: An Expansive Interpretation

Abstract

The position of port states under international law in relation to visiting foreign merchant vessels is a subject of debate. This is a debate with a hard edge: the ability or otherwise of a port state to regulate issues such as the safety equipment, employment conditions, or environmental standards of such vessels can have serious financial consequences for their operators. For the most part, this edge has been softened through the development of a body of international regulatory conventions under the auspices of the International Maritime Organization (IMO). As a result, the most challenging legal issues in relation to port state jurisdiction arise when port states decide to introduce shipping regulations that have no international equivalent, or are more stringent than existing international standards. The significance of unilateralism in this context is reflected throughout this chapter.