Flag State control of ships under the 1982 United Nations Convention on the Law of the Sea

Abstract

Each State determines the criteria for granting its nationality and the conditions for registering vessels flying its flag. The 1982 United Nations Convention on the Law of the Sea only requires that there be a "substantial connection" between the state and the ship for a ship to be entitled to fly the flag of a state. These insufficient provisions have not put an end to the practice of flags of convenience, despite the frequency of maritime safety problems.

The first control a ship must undergo is that of the flag state, which must ensure the seaworthiness of the ship throughout its life. This involves in particular compulsory visits regularly carried out by flag State inspectors. One of the existing problems is the fact that some States neither have the capacity nor the will to exercise their responsibilities directly under the flag State.