Quasi-states: Sovereignty, International Relations and the Third World

Quasi-states: Sovereignty, International Relations and the Third World

1990 (Reprint 1994) | Robert H. Jackson
The passage discusses the increasing need for control over ports, particularly in the context of international maritime law and conventions. It highlights the dynamic development in this area, starting with the rights of states in their territorial waters and ports, which include the right to deny access for reasons such as environmental protection. The author, Kasoulides, outlines existing international conventions on ship safety (IMO) and labor rights (ILO), which form the "recognized international rules and norms" under the new maritime law. The unique aspect of port state control is that often neglected controls by flag states are shifted to port states, as codified in the 1982 United Nations Convention on the Law of the Sea. This convention grants port states inspection and arrest rights, liability rules, fines, and the right to immediate release of ships against security guarantees. European practice, exemplified by the Paris Memorandum of Understanding on Port State Control from 1982, has established a regional control system for 16 states, with 25% of foreign-flagged ships now subject to safety, environmental, and labor standards checks. Despite challenges, the book argues that environmental protection is more about the application, supervision, and enforcement of international regulations than the lack thereof. The author concludes that the book is a significant contribution to understanding how international environmental protection can be effectively improved.The passage discusses the increasing need for control over ports, particularly in the context of international maritime law and conventions. It highlights the dynamic development in this area, starting with the rights of states in their territorial waters and ports, which include the right to deny access for reasons such as environmental protection. The author, Kasoulides, outlines existing international conventions on ship safety (IMO) and labor rights (ILO), which form the "recognized international rules and norms" under the new maritime law. The unique aspect of port state control is that often neglected controls by flag states are shifted to port states, as codified in the 1982 United Nations Convention on the Law of the Sea. This convention grants port states inspection and arrest rights, liability rules, fines, and the right to immediate release of ships against security guarantees. European practice, exemplified by the Paris Memorandum of Understanding on Port State Control from 1982, has established a regional control system for 16 states, with 25% of foreign-flagged ships now subject to safety, environmental, and labor standards checks. Despite challenges, the book argues that environmental protection is more about the application, supervision, and enforcement of international regulations than the lack thereof. The author concludes that the book is a significant contribution to understanding how international environmental protection can be effectively improved.
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