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 .
Les mer
All of these flag States have the right to sail ships flying their flag on the high seas (LOSC Article 90) ;
The Concept of the Flag State.- Registration of Ships.- Development of National Law for Flag State Responsibility.- Development of International Law for Flag State Responsibility.- The Changing World Map of Flag States.- Choice of Flag State.- The Regulatory Regime for Discharge of Flag State Duties: The Role of Classification Societies.- Measures of Flag State Administrative and Social Performance.- Measures of Flag State Technical Performance.- Issues of Flag State Responsibility and Proposed Remedies.
Les mer

The historical development of tonnage, ship registration, classification societies and national and international law for flag State responsibility is recounted, along with the large increase in numbers of non-traditional flag States and classification societies over the past fifty years. The Law of the Sea Convention provides for a State to grant its nationality to ships, for those ships to be surveyed before registration, and for a flag State to effectively exercise its jurisdiction and control in administrative, technical and social matters over ships flying its flag. A State has the sovereign right to determine conditions for grant of its nationality and this can lead to derogation of flag State responsibility with implications for safety of ships. These issues are analysed and remedies proposed for effective flag State implementation of mandatory instruments.

Les mer
Includes supplementary material: sn.pub/extras
GPSR Compliance The European Union's (EU) General Product Safety Regulation (GPSR) is a set of rules that requires consumer products to be safe and our obligations to ensure this. If you have any concerns about our products you can contact us on ProductSafety@springernature.com. In case Publisher is established outside the EU, the EU authorized representative is: Springer Nature Customer Service Center GmbH Europaplatz 3 69115 Heidelberg, Germany ProductSafety@springernature.com
Les mer

Produktdetaljer

ISBN
9783540929321
Publisert
2009-06-05
Utgiver
Vendor
Springer-Verlag Berlin and Heidelberg GmbH & Co. K
Høyde
235 mm
Bredde
155 mm
Aldersnivå
Research, P, 06
Språk
Product language
Engelsk
Format
Product format
Innbundet

Forfatter