Tag: flag State jurisdiction

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.