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28 J. Mar. L. & Com. 305 (1997)
Port State Enforcement: A Comment on Article 218 of the 1982 Law of the Sea Convention

handle is hein.journals/jmlc28 and id is 313 raw text is: journal of Maritime Law and Commerce, Vol. 28, No. 2, April, 1997 Port State Enforcement: A Comment on Article 218 of the 1982 Law of the Sea Convention TED L. McDORMAN* I INTRODUCTION The 1982 United Nations Convention on the Law of the Sea (LOS Convention) establishes the constitutional framework for the exercise of national jurisdiction over ocean space, resources, and activities. The treaty came into effect for ratifying States in November 1994. That prominent ocean users such as the United States, the United Kingdom, and Canada are not yet parties is usually treated as a technical matter unrelated to the adoption of much of the LOS Convention into national practice and international law. The notorious exception to this is the deep seabed regime found in Part XI. Significant modifications to Part XI have been made by the 1994 Agreement Relating to Implementation of Part XI.1 The goal of these modifications is to encourage industrial nations, particularly the United States, to overcome their distaste for the original deep seabed regime and join the modified LOS Convention.2 With the exception of deep seabed issues, the LOS Convention is a standard-setting document for ocean activities and, while non-conformity with its provisions is not uncommon, conformity with its wording is a virtue. The central marine environmental concern of the negotiators of the LOS Convention was the establishment of greater accountability for and control of vessel-source pollution. Hence, the most detailed provisions in the marine *Associate Professor, Faculty of Law, University of Victoria (British Columbia); Associate, Oceans Institute of Canada (Halifax). B.A., University of Toronto; LL.B., LL.M., Dalhousie Law School. This is a revised version of a paper presented at the 1995 Law of the Sea continuing legal education course held at the University of Washington School of Law (Seattle). 133 I.L.M. 1311 (1994). 2Both the LOS Convention and the 1994 Agreement are currently before the United States Senate Foreign Relations Committee. See Message from the President of the United States Transmitting the U.N. Convention on the Law of the Sea, 103d Cong., 2d Sess., S. Doc. 103 (1994). 305

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