The Research Of Port State Control Regime

With the rapid growth of global trade, the maritime economy is becoming more and more prosperous. Some companies in developing countries put low-standard vessel into operation and acquired their shares of the market with lower rent. The sub-standard vessel is a great threat to the maritime safety and ocean environment. In order to refuse sub-standard vessels in the global context, as well as remove or reduce the threat to the maritime safety and ocean environment made by these vessels, the international law has established a series of regimes including Port State Control (PSC). Its purpose is to create a worldwide control network to make the sub-standard vessels have no place to hide. The development of the PSC regime and the competence of PSC officers in our country do not match the important role China plays in the international shipping and trade. This dissertation gives a deep research on PSC regime worldwidely. The content includes the origin and progress of PSC, the source and nature of power, infringement and remedy, and state compensation, etc. The purpose of the dissertation is to improve PSC regime in China by studying the trend of PSC and to correct our own shortcomings by learning from developed countries. In the process of writing this dissertation, the author gives analysis and research on PSC regime in combination with the experience gained in PSC work as well as international laws and foreign administrative laws. The author reaches conclusions as follows. First, the nature of PSC is an administrative act which is carried out by port authority according to domestic laws and international conventions. Second, the major infringement in PSC is the unlawful detention of ships. Many reasons lead to unlawful detention, of which man-made intention and negligence are the major ones. Third, the nature of PSC infringement is state infringement, so the port state should take the responsibility of state compensation requested by the flag state. There are many problems in the procedure of PSC in China, such as the procedure of intention, procedure of follow-up inspection, administrative compensation, and etc. It is the demand of situation to improve the PSC regime in China.