The Legal Study Of Coordination Of Regional Port State Control

In recent times,marine safety and environmental protection have become essential parts of global governance.As a supplementary tool of foreign ship management and Flag State Control(FSC)system,basing on IMO resolutions,international laws and domestic laws,Port State Control(PSC)system has been playing an important role in eliminating and restricting sub-standard ships.PSC is an international affair,which depends on multilateral cooperation.As the "21st-Century Maritime Silk Road" Initiative moves on,our country has been opening up in more areas,including maritime traffic.For implementing the interaction and interconnectivity of shipping,we need to coordinate PSC system as a legal method to accelerate the regional cooperation,the focus of which should lie in the sharing and mutual recognitions of ship information between nations,the construction of regional PSC quick dispute-resolution mechanism,and domestic legislative transformation of Memorandum of Understanding(MOU)as well.We should also improve domestic legislation and law enforcement of PSC system to build up a conscientious international image and enhance our national voice.First,the essay gives an overview of PSC system,which is followed by the definition,effects,and current situation of PSC's global cooperation.There are still some problems on PSC interconnectivity,including the lack of information sharing and mutual recognitions,the lack of legally binding of MOU and limitation of PSC dispute-resolution mechanism.Second,the essay mainly analyzes the legal character of regional MOU,and what results the lack of legally binding will bring to the PSC system cooperation.Then the essay discusses the problems of lacking information sharing and mutual recognitions between MOUs in different regions,which will cause frequently PSC inspection and increase the risk of detention.So we still need to legislate to improve legislative transformation of MOU,and establish an information sharing and mutual recognitions system to promote shipping.Third,we still need to protect lawful rights and interests of ships when disputes arise.Port states could not protect foreign ships' lawful rights and interests fully because of limitation of MOU and limitation of other legal remedy mechanisms.The essay analyses the legal character of PSC and its suggestions like detention in order to argue if parties can protect their own lawful rights and interests by administrative litigation or administrative review procedure.The essay also discusses the domestic PSC dispute-resolution mechanism and MOU's detention review mechanism,and it considers that we need a new quick dispute-resolution mechanism.Last but not least,the essay tries to put up with some feasible advances on coordinating not only domestic PSC system of our country,certain the character of PSC and legislate to improve the law relevant to PSC,but also international and regional PSC systems,building up a sharing and mutual recognition system of ship information and a quick dispute-resolution mechanism between MOUs.The essay concludes that in the background of the "21st-Century Maritime Silk Road" Initiative,it is necessary to coordinate the existing cooperation mechanisms of regional PSC systems,to construct a sharing and mutual recognition system of ship information and a quick dispute-resolution mechanism between MOUs even by signing new agreements or MOUs.It is also important to improve domestic legislation,strengthen information coordination,and establish regional legal protection in order to provide convenience for global shipping without changing the existing inspection standards of ships.