port state

PORT STATE CONTROL

It is in the concept of port state control that the maritime community worldwide has seen a possible solution to the problem of the substandard ship. Not the solution, but rather one of the more positive steps which can be taken - and necessary because the prime obligation of the shipowner and his register have been too often neglected.

The concept is not new: UNCLOS Art 25 empowered states whose ports were used by vessels to take necessary steps to prevent any breach of the conditions to which the call at its ports by such vessels may be subject. Arts 216 and 218 enable a port state to enforce international anti-dumping and anti-pollution measures. And states are required by Art 219 to take administrative measures to prevent errant vessels from sailing. Legitimacy for port state control inspections may be found in these Articles of UNCLOS because it is usual for there to be an oil pollution threat, albeit only bunkers, from any unseaworthy ship. The only limitation is that the steps taken be reasonable, public, and not discriminatory.

It is axiomatic [say McDougall & Burke The Public Order of the Oceans, 1987 para 156/7] that the coastal state has fully comprehensive authority to prescribe policy regarding the use of its ports and other areas of internal waters.

 It is ancient authority which has much precedent in areas outside ship safety: Enforcement of US law in its adjacent waters ... over which it exercises dominion and sovereign power has its roots in prohibition [See eg Cunard SS Co v. Mellon 262 US 119 (1922) and US v. Bevans 3 Wheat 336,390].

But most maritime authorities now have more modern, effective and direct powers of port state control inspection: SOLAS, MARPOL, the Loadline Convention, the Registration of Ships and the STCW Convention all give powers (and duties) of inspection to ensure compliance. And most states give themselves extensive powers in relation to prevention of oil pollution.