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Max Planck Encyclopedia of Public International Law [MPEPIL]

Port State Jurisdiction

Erik J Molenaar

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2021. All Rights Reserved.date: 05 May 2021

Subject(s):
Fisheries — Marine environment, protection — Continental shelf — Exclusive economic zone — Ports — Flag state — Straits — UNCLOS (UN Convention on the Law of the Sea) — Jurisdiction of states, extra-territorial

Published under the auspices of the Max Planck Institute for Comparative Public Law and International Law under the direction of Professor Anne Peters (2021–) and Professor Rüdiger Wolfrum (2004–2020). 

1 Port State jurisdiction is the competence of States to exercise prescriptive (or legislative) and enforcement jurisdiction over foreign vessels within their ports. Like land borders, 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 (Border Controls). Ports also offer an obvious opportunity for verifying whether visiting foreign ships comply with certain types of other national or international rules and standards and...
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