Port State Jurisdiction Under UNCLOS
Port State jurisdiction is a State's authority over foreign ships in its ports, set by UNCLOS Articles 211(3), 218, 219 and 226 and by territorial sovereignty.
Port State jurisdiction is the authority a State exercises over foreign ships voluntarily in its ports. It rests on territorial sovereignty and on UNCLOS: Article 211(3) on conditions of port entry, Article 218 on enforcement against discharges made outside the port State’s waters, Article 219 on unseaworthy ships threatening the marine environment, and Article 226 on the limits of investigation and release.
The full article will cover the legal theory, its limits, and how it underpins port State control and regional banning orders.