The flag state of a merchant vessel is the jurisdiction under whose laws the vessel is registered or licensed, and is deemed the nationality of the vessel. A merchant vessel must be registered and can only be registered in one jurisdiction, but may change the jurisdiction in which it is registered. The flag state has the authority and responsibility to enforce regulations over vessels registered under its flag, including those relating to inspection, certification, and issuance of safety and pollution prevention documents. As a ship operates under the laws of its flag state, these laws are applicable if the ship is involved in an admiralty case.
The term "flag of convenience" describes the business practice of registering a merchant ship in a state other than that of the ship's owners, and flying that state's civil ensign on the ship. Ships may be registered under flags of convenience to reduce operating costs, or else to avoid the regulations of, or inspection and scrutiny by, the country of the original owner. Normally the nationality (i.e., flag) of the ship determines the taxing jurisdiction.
Since the Flag Right Declaration of 1921, it has been recognised that all states—including land-locked countries—have a right to maintain a ship register and be a ship's flag state. Because of the failure of some flag states to comply with their survey and certification responsibilities, especially flag-of-convenience states that have delegated their task to classification societies, a number of states have since 1982 established port state controls of foreign-registered ships entering their jurisdiction.
As at January 2010, Panama was the world's largest flag state, with almost a quarter of the world's ocean-going tonnage registered there. [1] The United States and the United Kingdom had only about 1% each. [1]
Until World War II nations were able to maintain their dominance, or in some cases, even improve their position in maritime trade by offering vessels exclusive protection for flying their flags, which would in turn give the nation exclusive control over the vessels. Shipowners during this time needed protection from pirates and privateers which was provided by naval vessels of the flag state. In some cases states offered subsidies to the shipbuilding industries. In addition to these incentives, states might impose restrictions based on flag state, closing ports to other ships. One well known example of how this was applied is the case of England, which restricted the import of Asian goods only to American and British vessels. England only opened its ports after it had maneuvered itself into a position of strength, and then most like only to gain access to other continental ports. Similarly, France imposed a trade monopoly on its colonies which remained in place until 1869. [2]
Ships must be registered in the ship register of the jurisdiction whose flag it is flying. Flag registers in many countries are open to ships with foreign owners. Normally, each flag state has only one ship register, but several countries have more than one register:
Flag states must, in accordance with the United Nations Convention on the Law Of the Sea (UNCLOS) ensure that ships under their flag comply with international regulations, often adopted by the UN's International Maritime Organization (IMO), on matters of safety, navigation, crewing etc. Part XII entail special provisions on protecting the marine environment, which includes placing special obligations on flag states to ensure compliance with international environmental legislation such as MARPOL. Failure to do so, can result in the flag state losing its jurisdiction over ships under its flag, also when these commit violations on the high seas. [4]
Each flag state has set up its own flag state control system:
The United Nations Convention on the Law of the Sea (UNCLOS), also called the Law of the Sea Convention or the Law of the Sea Treaty, is an international agreement that establishes a legal framework for all marine and maritime activities. As of May 2023, 168 countries and the European Union are parties.
A coast guard or coastguard is a maritime security organization of a particular country. The term embraces wide range of responsibilities in different countries, from being a heavily armed military force with customs and security duties to being a volunteer organization tasked with search and rescue without law enforcement authority. In most countries, a typical coast guard's functions are distinct from those of the navy and the transit police, while in certain countries they have similarities to both.
The International Convention for the Prevention of Pollution from Ships, 1973 as modified by the Protocol of 1978, or "MARPOL 73/78" is one of the most important international marine environmental conventions. It was developed by the International Maritime Organization with an objective to minimize pollution of the oceans and seas, including dumping, oil and air pollution.
Flag of convenience (FOC) is a business practice whereby a ship's owners register a merchant ship in a ship register of a country other than that of the ship's owners, and the ship flies the civil ensign of that country, called the flag state. The term is often used pejoratively, and although common, the practice is sometimes regarded as contentious.
Freedom of the seas is a principle in the law of the sea. It stresses freedom to navigate the oceans. It also disapproves of war fought in water. The freedom is to be breached only in a necessary international agreement.
The International Convention for the Safety of Life at Sea (SOLAS) is an international maritime treaty which sets out minimum safety standards in the construction, equipment and operation of merchant ships. The International Maritime Organization convention requires signatory flag states to ensure that ships flagged by them comply with at least these standards.
The Maritime Safety Administration of the People's Republic of China is a government agency which administers all matters related to maritime and shipping safety, including the supervision of maritime traffic safety and security, prevention of pollution from ships, inspection of ships and offshore facilities, navigational safety measures, administrative management of port operations, and law enforcement on matters of maritime safety law. It was also responsible for marine accident investigation. It is headquartered in Dongcheng District, Beijing.
Australian Maritime Safety Authority (AMSA) is an Australian statutory authority responsible for the regulation and safety oversight of Australia's shipping fleet and management of Australia's international maritime obligations. The authority has jurisdiction over Australia's exclusive economic zone which covers an area of 11,000,000 square kilometres (4,200,000 sq mi). AMSA maintains Australia's shipping registries: the general and the international shipping registers.
The Lotus case concerns a criminal trial which was the result of the 2 August 1926 collision between the S.S. Lotus, a French steamer, and the S.S. Bozkourt, a Turkish steamer, in a region just north of Mytilene (Greece). As a result of the accident, eight Turkish nationals aboard the Bozkourt drowned when the vessel was torn apart by the Lotus.
The United States Coast Guard is the coastal defense, search and rescue, and maritime law enforcement branch of the United States Armed Forces and is one of the country's eight uniformed services. It carries out three basic roles, which are further subdivided into eleven statutory missions. The three roles are:
Marine safety is one of the eleven missions of the United States Coast Guard.
Port state control (PSC) is an inspection regime for countries to inspect foreign-registered ships in port other than those of the flag state and take action against ships that are not in compliance. Inspectors for PSC are called PSC officers (PSCOs), and are required to investigate compliance with the requirements of international conventions, such as SOLAS, MARPOL, STCW, and the MLC. Inspections can involve checking that the vessel is crewed and operated in compliance with applicable international law, and verifying the competency of the ship's master and officers, and the ship's condition and equipment.
Sector Commander is the position title of the commanding officer of a United States Coast Guard Sector, usually of the rank of Captain (O-6). The Sector Commander's second-in-command is the Deputy Sector Commander. Also reporting directly to the Sector Commander are the Command Master Chief (CMC), the Senior Reserve Officer, and the Sector's Auxiliary Coordinator.
Maritime Security Regimes are codes and conventions of behavior agreed upon by coastal states to provide a degree of security within territorial waters and on the high seas.
In the United States, several federal agencies and laws have some jurisdiction over pollution from ships in U.S. waters. States and local government agencies also have responsibilities for ship-related pollution in some situations.
The Erika legislative packages of the European Union are maritime laws intended to improve safety in the shipping industry and thereby reduce environmental damage to the oceans.
Ship registration is the process by which a ship is documented and given the nationality of the country to which the ship has been documented. The nationality allows a ship to travel internationally as it is proof of ownership of the vessel.
The South African Maritime Safety Authority (SAMSA) is a South African government agency responsible for the implementation of current international and national regulations regarding the maritime industry as well as upon all recreational marine vessels within its jurisdiction.
Marine Science Technician (MST) is an enlisted rate in the United States Coast Guard. They are specialists in enforcing Federal Maritime Laws for Marine Safety, Marine Security, and Environmental Protection.
A Private Maritime Security Company (PMSC) is a form of Private Military Company that offers services in the maritime sector.
