Port state control in the Asia-Pacific region: Issues and challenges: Fid-Bau Portal

Port state control in the Asia-Pacific region: Issues and challenges

Mansell, John

The inspection of foreign-flagged ships in a state’s ports and anchorages for the purpose of monitoring compliance with international standards, known as ‘port state control’, has become necessary due to ineffective control by flag states over their vessels. Measures of effectiveness of port state control invariably focus upon the quantitative outcomes of inspections, deficiencies and detentions. This paper focuses on how effectively port state control is being delivered in the Asia-Pacific region on a qualitative basis and, in particular, it considers whether the strategic objective of the Asia-Pacific port state control regime, the Memorandum of Understanding on Port State Control in the Asia-Pacific Region (Tokyo MOU),¹ is being achieved. The starting point is to recall the concept of port state control and its development from a unilateral reactive measure by coastal states to a multilateral proactive control mechanism supported by international law. The structure, membership and capability of the Tokyo MOU is examined, including the flag state record of member authorities.² Port state control performance of the Tokyo MOU is analysed using published statistics with comparative analysis undertaken of the European port state control regime - the Paris MOU. The paper identifies issues and challenges for member authorities of the Tokyo MOU in meeting its objectives. The components of the Tokyo MOU’s strategic objectives are then examined to determine whether they are being achieved. A number of recommendations are made.