Έλεγχος των πλοίων από το κράτος λιμένα
Port state control
View/ Open
Abstract
This paper analyzes the legal framework of the control of foreign-ship by the Port State Control and compares this framework to that which governs the control of the Flag-State, in relation to the jurisdiction of each of them, regarding the issues of security navigation and the protection of the marine environment.
The first part introduces key concepts of the maritime industry, such as the International Maritime Organization «IMO», the International Convention for the Safety of Life at Sea «Solas», the Convention on Standards of Training, Certification and Watchkeeping of Seafarers «Stcw», the International Convention on the Protection of the Marine Environment «Marpol», the International Convention on the Law of the Sea «Unclos», the Marine Zones as well as some important incidents-accidents that contributed to the modification-improvement of the regulations.
In the second chapter, the jurisdiction and control of foreign ships by the port state are analyzed. In particular, the legal basis of the regime in question, the European legal framework and the extent of the jurisdiction of the port state based on the applicable rules of law are presented.
Subsequently, the port state control mechanism, the guidelines of the International Maritime Organization, the analysis of the regimes of these controls, the mapping of the Paris Memorandum and the American ship inspection system as well as the role of Recognized Organizations are presented.
In the next section, the presentation of jurisdiction and control of ships by the flag state follows. The concepts of ship nationality and registration, the obligations of the flag state with its existing obligations, the institution of the genuine link and flags of opportunity and open registers are captured.
In the next chapter follow the mapping of the jurisdiction of the coastal state over foreign-flagged ships in relation to the coastal zones as well as the application of the Greek legal order on foreign and warships within Greek territorial waters.
In the last chapter of this study, the comparative analysis of jurisdiction and status between port state and flag state control is carried out. An attempt is made to capture what port state control of foreign-flagged vessels ultimately contributes to the shipping industry, in terms of navigational safety and the protection of the marine environment, and specific conclusions are drawn regarding the necessity of port state control.