The development of port state : where are we today?

Abstract

Shipping is an international industry with its unique character as its activity is in constant move from one jurisdiction to another, and which, therefore, requires a necessary close cooperation among different States. Playing one of the most important roles in international trade, shipping is required to be safe and be up to international standards which also oblige it to be free from pollution. However, the history of shipping reveals that there were catastrophes such as the Titanic, Amoco Cadiz, Torrey Canyon and Erika that caused serious disasters leading to sea pollution, loss of life and also brought about awareness that there needs to be some strict and efficient control in order to avoid further serious accidents. Port State Control is sometimes referred to as a safety net to catching substandard shipping. It was introduced as a necessary measure due to the failure of the Flag State system with its improper implementation of international standards and rules. Although the Port State regime is a relatively new phenomenon in the maritime industry, it plays a fundamental role in the development of shipping. This will be further discussed in this work. In the present thesis I will highlight the development of Port State Control and will attempt to suggest what can be possibly done to resolve some of the problems that Port State Control still faces today. The purpose of this thesis is to produce documentation that gives light to the shipping industry’s progress in relation to safety at sea and maritime environment, the main contributor being the Port State Control Regime. In the first chapter I will be defining the meaning and implications of Port State Control; why there was a need for the creation of such a regime and why the existence of a Flag State regime alone did not suffice; the history of the development of Port State Control, the main characteristics and the main legal instruments on what the regime is based on. My second chapter concerns the role of International Organizations and Regional Agreements on Port State Control. Such Memoranda, although not binding by their nature, are the key in establishing the working and proper functioning of the Port State Control regime. It is important to examine each agreement because it reflects the situation and the working of Port State Control in each region. Chapter III is dedicated to the EU Directive on Port State Control. Due to the Directive’s binding legal nature the functioning of Port State Control was made more effective within the European Union.