1995: Conference Proceedings
Articles

Port State Control - The Buck Stops Here: Does It, Should It, Can It?

Published 1995-11-05

Keywords

  • port State control,
  • flag State control,
  • IMO,
  • MARPOL 73/78,
  • SOLAS 1974,
  • UNCLOS 1994,
  • IMO Resolution A.682(17) (Regional Co-operation in the Control of Ships and Discharges),
  • Sub-Committee on Flag State Implementation,
  • The Torrey Canyon,
  • The Amoco Cadiz,
  • Paris Memorandum of Understanding 1982,
  • foreign flag ship,
  • port State control memorandum,
  • port State control agreement,
  • regional port State control,
  • Tokyo Memorandum of Understanding 1993,
  • Maritime Transport Act 1994 (NZ),
  • marine survey,
  • marine safety,
  • port State control inspectors,
  • International Management Code for the Safe Operation of Ships and for Pollution Prevention (ISM Code),
  • Classification Society,
  • ship classification,
  • STCW Convention,
  • seaworthiness,
  • ship detention
  • ...More
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Abstract

The authors begin by defining and distinguishing the meanings of both 'port State control' and 'flag State control'. They discuss the development of the concept of port State control in international law and the expansion of port States' powers and obligations. Following this, the authors turn to the matter of port State control in New Zealand and ship inspections by the national Maritime Safety Authority. They conclude that the buck should not stop with port State control, but rather, greater responsibility needs to be taken for ships in poor condition by flag States, Classification Societies, shipowners, ship management companies, masters, officers, and crews. They note that there are positive changes, however, which have been enacted to improve ship safety, both in New Zealand and abroad, and that while problems will continue to persist, port State control will continue to perform its important role.