Port State Jurisdiction Relating to the Safety of Shipping and Pollution from Ships—What Degree of Extra-territoriality?

Abstract

The aim of this article is to consider the extent to which the exercise by a port State of jurisdiction over foreign ships in relation to safety and the prevention of pollution is extra-territorial in nature. This aim is pursued by addressing two main issues. The first is the question of whether a port State may prescribe and enforce measures relating to the construction, design, equipment and manning of ships (including measures that go beyond international (International Maritime Organization) standards) in respect of foreign ships calling at its ports; and if so, whether that involves an element of extra-territorial jurisdiction. The second issue is the question of how far a port State may exercise jurisdiction over the conduct of foreign ships relating to shipping safety and the prevention of pollution before such ships enter its ports, and whether that is an exercise of extra-territorial jurisdiction.