A Critical Evaluation of the Right of Ships' Access to State Ports under International Law
No Thumbnail Available
Date
2023-02-12
Authors
Journal Title
Journal ISSN
Volume Title
Publisher
Faculty of Law, Achievers University, Owo, Ondo State
Abstract
By the IMO regulation, foreign flagged vessels have right to navigate waters and enter ports states but the port states enjoy the power to set condition for the accessibility of its ports. Sometimes, however, a memorandum of understanding between the state whose flag a ship is carrying and the port state is required before a foreign flagged vessel is able to navigate and the waters and enter port state. The issue of access to ports of other states by foreign flagged vessels has been a subject of controversy among scholars. Although, the right of access is usually granted by treaty between the states concerned, the general view is that there is no such separate customary right. A more accepted view is that the states are entitled to prescribe and enforce circumstances for port entry. The paper takes into account the general principles of international law concerning foreign flagged vessels’ rights of access to port states. The paper concludes by arguing that the international instrument which granted right of access to foreign flagged vessels is ineffective because states port grant access to foreign vessels that meet their conditions.
Description
Keywords
International law, Port state, Ship and Security.
Citation
AULJ Vol.3 Issue 1 (2023)