Port State Jurisdiction and the Regulation of International Merchant Shipping
Port State Jurisdiction and the Regulation of International Merchant Shipping

Author: Bevan Marten

Publisher: Springer Science & Business Media

Published: 2013-08-31

Total Pages: 282

ISBN-13: 3319003518

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This book examines the concept of port state jurisdiction in the context of international maritime law. In particular the book focuses on situations where port states have used their jurisdiction over visiting foreign-flagged vessels to apply unilateral domestic law, as compared with the internationally-agreed standards enforced by regional port state control organisations. To illustrate the legal issues involved three recent pieces of legislation are analysed in detail: the United States' Cruise Vessel Security and Safety Act 2010, the EU's liability insurance directive of 2009, and Australia's Fair Work Act 2009. Key issues include the legality of port states’ attempts to regulate aspects of a vessel’s structure or equipment, or even certain activities that may take place before a vessel’s arrival in port. The author argues that examples of unilateral measures being imposed by way of port state jurisdiction are growing, and that without active protests from flag states this concept will continue to expand in scope. As international law currently presents very few restrictions on the actions of ambitious port states, such developments may have a significant impact on the future of international maritime regulation.​

Cruising for Trouble
Cruising for Trouble

Author: Mark Gaouette

Publisher: Bloomsbury Publishing USA

Published: 2010-03-19

Total Pages: 304

ISBN-13: 0313382352

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This book offers an alarming inside look at the security preparations of the cruise industry and the potential for cruise ships to be the target for pirates, terrorists, and criminal activity. Cruising for Trouble exposes the acute vulnerability of cruise ships to piracy, terrorism, and crime, both on the high seas and in domestic and foreign ports-of-call. While cruise ships have ramped up in size and passenger capacity to become floating skyscrapers housing as many as 7,000 passengers, and while piracy incidents have increased since 2008 as the world economy has deteriorated, there has been no corresponding increase or enhancement in onboard security personnel, external tactical units, preventive screening, or coordinated response planning to guard against the growing threat of acts of piracy and internal and external terrorist attacks. Commander Gaouette reveals to cruise passengers the very real security dangers they unwittingly face when they saunter up the gangway of a cruise ship for a carefree holiday. He sounds a clarion call to national and transnational security agencies, maritime regulators, legislators, and customers to compel the cruise industry to strengthen and reform its security programs before catastrophe strikes. The author, a longtime cruise industry insider who now serves as a top maritime security official in the Department of Homeland Security, details the many security defects and vulnerabilities of cruise ships, identifies the remedies, and makes the case for their urgent implementation. Extensively documented and illustrated, Cruising for Trouble is a vividly told cautionary for the ten million Americans who taken cruise-ship vacations each year and the millions more who would like to. As well as modeling the potential threats to cruise ships from pirates and maritime terrorists—who mimic each other's methods, overlap each other's territories, and might well find it mutually beneficial to combine their forces and resources—Commander Gaoutte recounts many actual examples of cruise-ship insecurity that have been swept under the carpet or spun by the cruise industry: pirate attacks, fires, onboard crime, mass food poisonings and infections, and the mysterious disappearances of cruise-ship passengers.