Flag State Responsibility: Historical Development and by John N. K. Mansell

By John N. K. Mansell

The historic improvement of tonnage, send registration, class societies and nationwide and foreign legislation for flag nation accountability is acknowledged, besides the big bring up in numbers of non-traditional flag States and class societies over the last fifty years. The legislations of the ocean conference presents for a kingdom to furnish its nationality to ships, for these ships to be surveyed sooner than registration, and for a flag country to successfully workout its jurisdiction and regulate in administrative, technical and social concerns over ships flying its flag. A nation has the sovereign correct to figure out stipulations for furnish of its nationality and this may result in derogation of flag nation accountability with implications for security of ships. those concerns are analysed and treatments proposed for potent flag nation implementation of obligatory instruments.

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Extra resources for Flag State Responsibility: Historical Development and Contemporary Issues

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To facilitate transfer of ships between flag States and to increase transparency in the relationships between former and new flag States in the interests of maritime safety, the following procedure is recommended: 1.

30 3 Registration of Ships The HSC codified the duty of a flag State to take such measures for ships under its flag as are necessary to ensure safety at sea with regard, inter alia, to the construction, equipment, and seaworthiness of ships, and required States to conform to generally accepted international standards. 8 However, the requirement for a survey before registration is the only duty of a flag State, as enumerated by Article 94 of the LOSC, which has not been codified through an instrument of the “competent international organization” charged by the LOSC with development of “generally accepted standards” for the safety of ships: the International Maritime Organization (IMO).

The same publication refers to the Parasemon, the name given to the flag that distinguished ships, and the Tutela, a flag that always represented one of the Gods, to safeguard and protect the ship. The Vikings were the first Europeans to display flags at sea; symbols that translated onto coins in Northumbria in the tenth century. Merchant ships trading on the Baltic and North Seas carried a metal gridcross at the masthead; a symbol of the king’s protection (Znamierowski 2004, pp. 12, 13). It was not, however, until the Middle Ages that the flag slowly came to represent the port, country of origin, or nationality2 of a ship (Znamierowski 2004, p.

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