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International Journal of
Law
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VOL. 4, ISSUE 1 (2018)
International maritime legal regime and the escalation of flags of convenience practices
Authors
Theodore Okonkwo
Abstract
International maritime law is governed by several international treaties and conventions, foremost of which are the UNCLOS III and the Law of the Sea. There are other international laws supporting the provisions of these major international treaties that should have made maritime operations and navigation in international waters and the high seas secure and safe. In the past several decades, however, there is an observable escalation of the practice called flags of convenience. Flags of convenience are so called because ships are flying the flag of a state foreign to its owners or operators. This results from the open registry maritime practice in which a vessel is free to register in any state that it chooses. As a necessary result of such registration, a ship is accorded the nationality of the state and granted the right to fly its flag. Under international law, a ship flying the flag of a certain state is accorded respect as part of the family of states and the ship is considered an extension of the state’s jurisdiction. In itself this is not bad if not for the fact that states do not have equal treatment of maritime laws. Some states are more stringent in their approach to ensure that the ship whose flag it carries are not only safe and seaworthy, but abides by the state’s basic principles of integrity and honesty. Furthermore, some states impose higher taxes than others. Other states, however, are quite lax not only in regulatory measures but in imposing them on ships carrying their flags. This is where the problem lies, as proven by statistics showing most of the ships committing criminal activities are affiliated or carry flags of convenience.
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Pages:01-09
How to cite this article:
Theodore Okonkwo "International maritime legal regime and the escalation of flags of convenience practices". International Journal of Law, Vol 4, Issue 1, 2018, Pages 01-09
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