Legal Framework of Port State Control and Flag State Implementation regarding the Safe Management of Ballast Water

Abstract

This study demonstrated the legal framework of Port State Control inspections and flag state duties related to the “Ballast Water Management Convention” to reduce the negative risk of the discharge of ship's ballast achieving “maritime safety” and “protection of the marine environment from pollution”. The principal  rule of “port state control” to inspect foreigner ships ensuring the compliance with legal requirements in accordance to the applicable “international convention for the Safety of Life at Sea (SOLAS)”; the “International Convention on Load Lines 1966 (LL 66)”; the “International Convention for the Prevention of Pollution From Ships(MARPOL 73/78)” and the “International Convention on Standards of Training, Certification and Watchkeeping for Seafarers 1978 (STCW 1978)” is explored with some real case studies. “Port State Control inspections”, and “flag state implementation” related to the “International Safety Management Code”, also introduced in this study. This study explored also a legal regime of “port state control” provided in “Memorandum of understanding” to guarantee the implementation of regional agreements.