Flag State Responsibility


Book Description

All of these flag States have the right to sail ships flying their flag on the high seas (LOSC Article 90) ; and those ships enjo y the freedom of navigation upon the high seas (LOSC Article 87) . W ith this freedom comes a concomitant duty upon the flag State to effectively exercise its jurisdiction and control in administrative , technical , social (LOSC Article 94 (1)) and en vironmental protection (LOSC Article 217) matters over ships flying its flag. 1.2 Flag State Responsibility The absence of any authority over ships sailing the high seas would lead to chaos. One of the essential adjuncts to the principle of freedom of the seas is that a ship must fly the flag of a single State and that it is subject to the jurisdiction of that State. (Brown 1994 , p. 287) This opinion of the International Law Commission in 1956 on a draft article of the High Seas Convention (HSC) was a product of its time; a time of traditional maritime States and responsible long-established shipping companies operating for 3 the most part under the effective maritime administrations of their national flag .




Flag State Implementation


Book Description




Obligations and Control of Flag States


Book Description

This study gives an overview of the obligations of flag States and the control of their compliance with such obligations. It outlines the main obligations as to maritime safety and security as well as marine pollution prevention under international as well as European law and shows the still existing enforcement deficits vis-a-vis non-complying flag States as well as substandard ships. Some of the main developments to counter these deficits such as the Voluntary Member State Audit Scheme on the IMO level or the Third Maritime Safety Package on the EU level are taken into account.




Guidelines for Flag State Inspections Under the Maritime Labour Convention, 2006


Book Description

The texts of the Guidelines for flag State inspections under the Maritime Labour Convention, 2006 and Guidelines for port State control officers carrying out inspections under the Maritime Labour Convention, 2006 are to be submitted to the 303rd Session (November 2008) of the ILO Governing Body which is expected to take a decision on its publication.




Guidelines for Port State Control Officers Carrying Out Inspections Under the Maritime Labour Convention, 2006


Book Description

The guidelines contained in this book are an important international resource for implementing port State responsibilities under the Maritime Labour Convention, 2006 (MLC). They were adopted by the ILO in September 2008 together with Guidelines for flag State inspections under the MLC, 2006.







Non-Flag State Enforcement in High Seas Fisheries


Book Description

This book is the first comprehensive examination of state practice relating to enforcement by non-flag states of the high seas conservation and management measures adopted by Regional Fisheries Organisations. It demonstrates that an exception is emerging in customary international law to the rule of the primacy of flag state jurisdiction in the high seas fisheries context.




Guide to Ship Sanitation 3rd Edition


Book Description

The third edition of the Guide to Ship Sanitation presents the public health significance of ships in terms of disease and highlights the importance of applying appropriate control measures. It is intended to be a basis for the development of national approaches to controlling the hazards, providing a framework for policy-making and local decision-making. It may also be used as a reference for regulators, ship operators and ship builders as well as for assessing the potential health impact of projects involving the design of ships.




United States Code


Book Description

"The United States Code is the official codification of the general and permanent laws of the United States of America. The Code was first published in 1926, and a new edition of the code has been published every six years since 1934. The 2012 edition of the Code incorporates laws enacted through the One Hundred Twelfth Congress, Second Session, the last of which was signed by the President on January 15, 2013. It does not include laws of the One Hundred Thirteenth Congress, First Session, enacted between January 2, 2013, the date it convened, and January 15, 2013. By statutory authority this edition may be cited "U.S.C. 2012 ed." As adopted in 1926, the Code established prima facie the general and permanent laws of the United States. The underlying statutes reprinted in the Code remained in effect and controlled over the Code in case of any discrepancy. In 1947, Congress began enacting individual titles of the Code into positive law. When a title is enacted into positive law, the underlying statutes are repealed and the title then becomes legal evidence of the law. Currently, 26 of the 51 titles in the Code have been so enacted. These are identified in the table of titles near the beginning of each volume. The Law Revision Counsel of the House of Representatives continues to prepare legislation pursuant to 2 U.S.C. 285b to enact the remainder of the Code, on a title-by-title basis, into positive law. The 2012 edition of the Code was prepared and published under the supervision of Ralph V. Seep, Law Revision Counsel. Grateful acknowledgment is made of the contributions by all who helped in this work, particularly the staffs of the Office of the Law Revision Counsel and the Government Printing Office"--Preface.




United Nations Convention on the Law of the Sea, 1982


Book Description

These commentaries are based almost entirely on the formal and informal documentation of the Third United Nations Conference on the Law of the Sea (UNCLOS III, 1973-1982), coupled, where necessary, with the personal knowledge of editors, contributors, or reviewers, many of whom were principal negotiators or UN personnel who participated in the Conference.