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The EU Acting as a Port State

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Chapter Summary

Port-based regulation and enforcement of maritime safety and environmental protection requirements has a number of advantages compared to coastal State regulation. States enjoy full territorial sovereignty over its internal waters and ports and foreign ships have no rights of passage. The interests of the port State are not independent of those of the flag State and/or the international community, and the validity of the port State's claim to jurisdiction depends on balancing all the interests. States acting individually would have considerably less incentives and determination to adopt rules, which deviate from the international standards, in fear of loss of business and/or political repercussions. When the measures adopted jointly by the region as a whole, the relevance of the concerns diminish while the prospects of achieving corresponding amendments at international level increase. The challenges to the international regulatory conventions have so far come principally from the USA and the EU.

Keywords: EU; maritime safety; Port State



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