Enforcement Failures and Remedies: Review on State Jurisdiction over Ships at Sea

Abstract

The 1982 United Nations Convention on the Law of the Sea admitted legislation and enforcement jurisdiction carried out by the flag state. However, the emergence of substandard ships and the growing number of ship accidents at sea indicate that flag state jurisdiction is far from effective. Four aspects of these failures are examined in this paper. Confronted with the failure of flag state jurisdiction, port states have devised a subsidiary remedy to ensure their national interests and restore the effectiveness of flag state jurisdiction. A problem hereunder arises because non-explicit permission was given to port states to prosecute substandard ships. Thus, this paper further analyses four aspects of port state jurisdiction. The authors aim to analyse the failures and remedies associated with state jurisdiction over ships. It reviews the scope and deficiency of state jurisdiction in combatting substandard ships and illicit activities at sea. This paper also addresses the importance of port state control, regional memorandums of understanding and international conventions.

Retrofitting Technologies for Eco-Friendly Ship Structures: A Risk Analysis Perspective

“…The challenge posed by national maritime law changes emphasizes the need for designs that can be modified to meet diverse legal requirements in different jurisdictions [91,92]. This necessitates a versatile approach to design, where the impact of varying regulations on ship operations and retrofitting strategies are carefully considered.…”

Strengthening the Law Applicable to Flags of Convenience States and Vessels against Overfishing on the High Seas

“…For these objectives, the Member States have to implement the relevant provisions such as Articles 91 and 92 of the UNCLOS concerning the nationality of the vessels and the duty of Flag States to effectively exercise their jurisdiction upon the vessels flying their national flags. 75 In addition, it is relevant to justify the implementation of Articles 192 and 194(5) of the UNCLOS concerning the conservation of the marine environment and its resources.…”