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The Coastal State's and the Port State's Legislative Competence Concerning Foreign Ships to Prevent Pollution. Looked at in The Light of Existing Conventions on Pollution Prevention

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Summary: Based on existing conventions on enforcement of pollution prevention rules, the extent of the Coastal state's and the Port state's legislation competence over foreign ships is examined. It is said in existing conventions, that they are also to be enforced against non-parties to the conventions. As written law in public international law is based on the autonomy of the parties, enforcement of the rules implies legislative competence of every party to the convention. An examination of the conventions shows that the enforcement is based on the ship being situated in or acting in the port, the internal waters or the territorial sea. Unlike demands to acts, such as discharges and dumpings, which are limited in time, demands to the standard of the ship, such as construction, reach beyond the stay of the ship in the port, the internal waters or the territorial sea.

Affiliations: 1: Institute of Public International Law, University of Copenhagen


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