Flagstateship

what is the meaning of Flag State in law of the sea

Flag State jurisdiction is the prototype maritime jurisdiction. The flag, as the most potent symbol of State power, demonstrates urbi et orbi the existence of a direct link to the State concerned and, for generations, reflected the power of that State to the world. It is the strength of symbolism that creates the importance attached to the jurisdictional basis employed, that of nationality, and the genuine link between the two. The power connection, however, does not work both ways: as the ship remains a private actor, acts and omissions attached to its presence and operation in the marine environment are not automatically attributable to the State and thus do not necessarily trigger the mechanism of State responsibility; rather the State maintains a general droit de regard on what remains essentially a private enterprise. I will address each problem in turn.

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Principle of the Exclusive Jurisdiction of the Flag State in the law of the sea and customary international law

Principle of the Exclusive Jurisdiction of the Flag State in the law of the sea and customary international law, 1952 Brussels Convention for the Unification of Certain Rules relating to Penal Jurisdiction in Matters of Collision and Other Incidents of Navigation, 1966 International Convention on Load Lines, 1971 Agreement on Special Trade Passenger Ships, 1972 Convention on the International Regulations for Preventing Collisions at Sea, 1974 International Convention for the SOLAS, 1976 ILO Convention No. 147 concerning Minimum Standards in Merchant Ships, 1993 Torremolinos Protocol, 1995 International Convention on Standards of Training, 2006 Maritime Labour Convention, Article 97 of the LOSC, Certification and Watchkeeping for Fishing Vessel Personnel (STCW-F), Certification and Watchkeeping for Seafarers, Exclusive Jurisdiction of the Flag State, ILO, IMO, International Convention for the Safety of Fishing Vessels, International Convention on Standards of Training, sail under its flag

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