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.View More what is the meaning of Flag State in law of the sea
what is the meaning of Maritime Embargo Operations in LOSC and customary international law?, economic enforcement measures, flag states, Iraq, lebanon, Libya, LOSC, Maritime Embargo Operations, NATO, Sierra Leone, Southern Rhodesia, The Former Yugoslavia, UN Charter, UNSC, Western European Union (WEU)View More what is the meaning of Maritime Embargo Operations in LOSC and customary international law?
The flag State jurisdiction is exercised on the basis of the nationality of a ship. Thus, the nationality of a ship is of central importance in order to establish the juridical link between a State and a ship flying its flag. Under international law, each State is entitled to determine conditions for the grant of its nationality to ships. In the M/V ‘Saiga’ case, ITLOS ruled:
Determination of the criteria and establishment of the procedures for granting and withdrawing nationality to ships are matters within the exclusive jurisdiction of the flag State. the meaning of The Nationality of a Ship and flag states on the law of the sea and customary international law, flag State jurisdiction, flag states, Grand Prince case, ITLOS, LOSC, Nationality of a Ship, Tomimaru case, UN Convention on Conditions for Registration of Ships