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13 Port and Coastal States

Erik J Molenaar

From: The Oxford Handbook of the Law of the Sea

Edited By: Donald R. Rothwell, Alex G. Oude Elferink, Karen N. Scott, Tim Stephens

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2021. All Rights Reserved.date: 12 May 2021

Law of the sea — Coastal states — Ports — UNCLOS (UN Convention on the Law of the Sea) — Exclusive economic zone

This chapter discusses port States, coastal States and their jurisdictions. Seaports give access to the landmass of a State for persons and goods, and are therefore logical points of control for, inter alia, customs, immigration, sanitation and national security purposes. The spatial scope of a seaport includes the outermost permanent harbour works — but not offshore installations and artificial islands — as well as roadsteads that extend beyond the outer limit of the territorial sea, provided they are normally used for the loading, unloading and anchoring of ships. Port State jurisdiction can be defined as relating to activities and standards occurring within, or applicable to: the port; the maritime zones of other coastal States; areas beyond national jurisdiction (i.e. the high seas and the ‘Area’); and the maritime zones of the coastal State in which the port is located. Coastal States are universally understood to be States with a sea-coastline. A coastal State's jurisdiction relates to its own maritime zones, and encompasses the resources and activities therein as well as external impacts on them.

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