Port state control
As far as safety is concerned, the main vehicle is port state control. As we have
already seen the safety of ships is governed by the law of the flag state and the
Classification Societies. Article 21 of Law of the Sea specifically protects shipowners
from unilateral regulations by coastal states concerning the design and construction
of ships. It states that the legislation of coastal states ‘shall not apply to the design,
construction, manning or equipment of foreign ships, unless they are giving effect
to generally accepted international rules or standards’. This is intended to prevent
a ‘nightmare scenario’ in which ships are subject to different construction standards
in different territorial waters. However, it does endorse the coastal state’s right to
enforce international regulations in its territorial waters. This right has given rise
to the port state control movement under which some coastal states inspect ships
entering their ports and detain any which do not meet international standards for
construction, maintenance and safety equipment.