The Role Of The Flag State And The Enforment Of Conventions Flashcards
What is a flag state?
A ship is identified by flying the flag of the particular nation under whose jurisdiction it falls and in which it is registered.
A ship’s flag state has overall responsibility for the implementation and enforcement of international national maritime regulations for all ships flying its flag.
The rights and responsibilities of flag states are laid down under which international convention?
The United Nations Convention on the Law of the Sea (UNCLOS)
Article 94 UNCLOS requires each state to exercise its jurisdiction and control of ships flying its flag. How does it do this?
Maintaining a register with particulars of all such ships except those of very small tonnage (often defined as less than 500 tons)
And applying its domestic law and jurisdiction to the ship and its officers and crew.
It is also required to supervise the safety at sea of all its registered vessels including:
(1) ensuring the safety of its ship in construction, equipment and seaworthiness
(2) supervising manning, labour conditions and crew training
(3) Use of signals, maintenance of communications and avoidance of collisions
(4) Surveys at appropriate intervals by qualified surveyors
(5) provision of suitable charts, navigational equipment and instruments for safe navigation
(6) appropriate qualification of officers and crew, and their familiarity with the application of application of international regulations concerning safety of life at sea, the prevention of collisions, the prevention, reduction and control of pollutions and communication by radio.
What are flags of convenience?
(Open registries)
- Shipowning companies operate open registries which are open to ships owned by any nationality.
- Reasons for choosing an open register are varied and include protection from taxes, differences in national regulations and different labour wage scales.
E.g. a ship on bareboat charter may also be registered in a different state from that of the owner. This registration temporarily permits a vessel to fly the flag of another country while ownership continues to be registered in the underlying (or owner’s) registry.
Which countries require shipowning companies within their jurisdiction to register their ships under the national flag?
Denmark
France
Germany
Norway
Other countries operate open registries which are open to ships owned by any nationality.
Movement of ships between flags
- Name a condition under which a flag state accepts a ship transferring from the flag of another state?
- what it is satisfied that it is in compliance with international requirements
- has survey reports confirming that the ship is in class
Flag states whose ships transfer to other registers have an obligation to provide all necessary information to the new flag state in which the ship is registered
Infrastructure
A flag state should have sufficient infrastructure, in terms of qualified and competent staff, offices and equipment, to meet its obligations under international treaties.
Different flags have different approaches.
E.g. staffing may depend on the extent to which flags delegate certain functions to bodies such as classification societies.
Casualty investigations
What is the role of the flag state in respect of casualty investigations?
- In accordance with IMO Resolution A. 1075(28) and taking into account the provisions of SOLAS and MARPOL, a flag state should carry out investigations of any ‘serious’ and ‘very serious’ casualty occurring to its ships, as soon as practicable after the casualty.
- should also co-operate with other nations investigating casualties in which ships flying its flag may be involved.
-the relevant findings of such investigations should be forwarded promptly to the IMO, and should be made available to the industry and other interested parties
Participation at IMO and ILO meetings
- in order to keep apprised of the latest international maritime regulatory developments and contribute to the decisions made by the IMO, flag states should attend all of IMO meetings:
Maritime Safety Committee (MSC)
Marine Environment Protection Committee (MEPC)
Legal Committee (LEG)
IMO Council
Biennial meetings of the IMO Assembly
Certification
The flag state issues and monitors various levels of certification, some of which are required for all vessels and some only in relation to specific activities.
(1) safe manning
(2) ship safety
(3) oil pollution prevention
(4) load line
(5) safety management
(6) ship security
(7) dangerous goods
Flag states work alongside which other industry organisation in relation to certain aspect of inspection and certification?
Classification societies
Because the flag state does not have the necessary resources available on a worldwide basis.
Minimise duplication of inspection and certification and to reduce disruption to vessels trading from port to port, while ensuring that regulator regulations are complied with.
Vessels have a variety of certification requirements. They are?
Safe manning
Radio function
Some of which are managed through the classification society and some through the flag state
What certificates do the flag state issue?
Safe management
Radio station licences
Certificates of registry
The flag state may allow the classification society to issue other certificates. Give examples.
SOLAS - Safety of Life At Sea
MARPOL - Prevention of Pollution from Ships
SUPERVISION OF SURVEYS
In accordance with IMO Resolution A. 739, flag states should establish appropriate controls over so-called Recognised Organisations, i.e. classification societies, nominated to conduct statutory surveys of ships on their behalf.
Such controls should include determining that the Recognised Organisation has adequate resources for the tasks assigned and entering into a formal written agreement covering the issued specified in A.739.
