CARRIAGE OF GOODS BY FOREIGN SHIPS: RUMINATION ON ANCHORING IN A PORT WITHOUT PERMISSION

Abstract

Nigeria is a coastal state. It has maritime boundaries with Cameroon, Benin, Equatorial Guinea, Sao Tome and Principe. It has seaports for import and exports of cargoes. Maritime transport is generally regarded as an important facilitator of world trade, permeating all national and international ships to access its seaports on conditions. By the principle of public international law, states must open their ports to foreign vessels except in circumstances where the interest of the states will be jeopardized. International Maritime Organization rules and regulations, foreign flagged vessels have the right to navigate waters and enter port states but the port states enjoy the power to set conditions for the accessibility of its ports. Sometimes, however, a memorandum of understanding between the state whose flag a ship is carrying and the port state is required before a foreign flagged vessel is able to navigate the waters and enter the port. The issue of access to ports of other states by foreign flagged vessels has been a subject of controversy among scholars. Although, the right of access is usually granted by treaty between the states concerned, the general view is that there is no such separate customary right. A more accepted view is that the states are entitled to prescribe and enforce circumstances for port entry. The paper takes into account the general principles of international law concerning foreign flagged vessels’ rights of access to port states. The paper concludes by arguing that the international instrument which grants the right of access to foreign flagged vessels is ineffective because port states grant access to foreign vessels that meet their conditions.