Port State Jurisdiction: Toward Comprehensive, Mandatory and Global Coverage

Author: Molenaar, Erik Jaap

Source: Ocean Development and International Law, Volume 38, Numbers 1-2, January 2007 , pp. 225-257(33)

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Abstract:

This article examines the scope and extent of port state jurisdiction in regard to marine pollution and marine capture fisheries and looks at such issues as access to port, conditions for entry into port, extraterritorial prescription, and in-port enforcement. One of the arguments put forward is that the justifiability of extraterritorial port state jurisdiction depends not only on an adequate jurisdictional basis, but also on the type of enforcement action taken. Port state jurisdiction is gradually moving from a voluntary basis regarding limited subject areas toward being comprehensive and mandatory through regional and global arrangements. The notion of a "responsible port state," a state committed to making the fullest possible use of its jurisdiction under international law in furtherance of not just its own rights and interests, but also those of the international community, could play a key role in optimizing the use of port state jurisdiction (balanced by appropriate safeguards) and achieving mandatory coverage through regional and global arrangements.

Keywords: fisheries; jurisdiction; marine pollution; port state

Document Type: Research article

DOI: http://dx.doi.org/10.1080/00908320601071520

Affiliations: 1: Netherlands Institute for the Law of the Sea (NILOS), Utrecht University, Utrecht, The Netherlands

Publication date: 2007-01-01