Application of port state control as a mechanism for enforcement of rules of international legal regime in marine protected areas in areas beyond national jurisdiction
Journal Title: Альманах міжнародного права - Year 2018, Vol 20, Issue
Abstract
In the article, the author studies the perspectives for applying the port state control as a mechanism for enforcement of rules of international legal regime in marine protected areas in areas beyond national jurisdiction, which will be designated according to future global international agreement in the sphere of protection of marine environment. This international agreement is now being developed under the supervision of the United Nations Organization and its Preparatory com- mittee. In spite that the question of enforcement the agreement’s rules is essential for its effectiveness, until now the Preparatory committee hasn’t proposed any provision concerning this issue. The au- thor proposes to add respective provisions to the future international agreement and to resolve the issue of inability to provide enforcement of its provisions. In order to decide if it is possible to apply port state control the author researches if there is a proper legal basis for such application in existing international agreements. Also the author studies experience of application of port state control on frames of such regional fisheries management organizations/agreements as Northwest Atlantic Fish- eries Organization, North East Atlantic Fisheries Commission and Convention for the Conservation of Antarctic Marine Living Resources. The author comes to conclusion that application of port state control in frames of future global international agreement in the sphere of protection of marine en- vironment in areas beyond national jurisdiction is possible and well-timed.
Authors and Affiliations
Б. А. МЕЛЬНИКОВИЧ
Keywords
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