Flag state

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 register 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, to avoid the regulations of or avoid inspection and scrutiny by the owner's country. 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.

Ship register

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:

  • Denmark, France and Norway maintain an international register to compete with flags of convenience.
  • The Kingdom of the Netherlands allows the different constituent countries to set up their own registeers under the Dutch flag.
  • Several territories over which the British Crown holds sovereignty have their own register. Most notably, the Isle of Man has a significant register.
  • Hong Kong, part of China, has a separate ship register, the fourth largest in the world, [2] in addition to China's own ship registry.

Flag state control

Each flag state has set up its own flag state control system:

  • in Canada, Transport Canada is responsible for flag state control under the Canada Shipping Act, 2001.[3]
  • in Hong Kong, the Marine Department[4] is responsible for flag state control and enforcement under the Flag State Quality Control Scheme.
  • in Vanuatu, the Vanuatu Maritime Authority has the responsibility to enforce maritime laws and exercise flag state control.[5]

See also

References

  1. ↑ The World's Top Ship Registries
  2. ↑ http://www.hksoa.org/whyhk/whyhongkong.html
  3. ↑ Flag State Control
  4. ↑ Shipping Consultative Committee LegCo
  5. ↑ IV. EFFECTIVE FLAG STATE CONTROL

Sources

  • Mansell, J.N.K. (2009): Flag State Responsibility: Historical Development and Contemporary Issues, Springer.
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