Flag State Responsibility: Historical Development and Contemporary Issues

ISBN-13: 9783540929321 / Angielski / Twarda / 2009 / 288 str.

John N. K. Mansell

Opis

This history covers the development of tonnage, ship registration, classification societies, national and international law for flag State responsibility as well as the rise of non-traditional flag States and classification societies over the past 50 years.

Spis treści

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.

Blurb

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.