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Transition of Jurisdictional Framework Over Foreign Ships in International Maritime Conventions

summary

Principle of the exclusivity of the flag State has been a long- established principle in jurisdictional framework in the maritime law.

This principle has been used along with the key comcepts in international shipping such as freedom of navigation and freedom of the High Seas in ensuring free and non-discriminative international shipping. However, having experienced a series of notorious cases of marine pollutions following maritime accidents as well as continuingly reported piracy and armed robbery cases, which have conncurrently occurred with rampancy of Flag of Convenience (FOC) since the last half of the 20th century, maritime community has begun to cast doubt on the effectiveness of this principle. Changes in the gobal security environment in the last decades have also evidenced the need for a new international regime to enhance maritime security.

Affected by those circumstantial changes, international maritime conventions including UNCLOS and those adopted in IMO and ILO seem to have been searching for an appropriate alternative implementation framework. Examples of such efforts include advancement of port/coastal state jurisdiction, port state control, model audit system among flag states, international cooperation regime in boarding inspections and so on. All those framework have been established on a delicate balance between flag state responsibility and supplemental and/or alternative implementation by non-flag states. This report examines the transition of jurisdictional framework on foreign ships and various efforts in enhancing effective implementation in international maritime conventions and identifies how the concept of exclusive-flag state jurisdiction has been abated.


Key words

Flag state responsibility, Port state control, Coastal state jurisdiction, SOLAS, STCW, SUA, Maritime Labor Convention, 2006

issue

Reports No.77/2007 Jul.

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