Ship Nationality, Flag States and the Eradication of Substandard Ships: A Critical Analysis

Abstract

This chapter proposes to eliminate the notion of ship nationality and with it, the flag states responsibility of supervision and enforcement of ships to ensure that they are not substandard. It proposes that this can be achieved without sacrificing safe, secure and environmentally friendly shipping. Although it is a radical proposition, and it may be perceived to be impossible to achieve in practice, it is submitted that in theory at least, it is thought-provoking and may well have some merit. Several issues are discussed including an analysis of the interrelationship between ship nationality and registration. An examination of the notion of a substandard ship is presented and it is pointed out that it is not simply a matter of regulatory maritime law, but that there are important economic considerations as well. The discussion extends to an analysis of the regimes of flag state, port state and coastal state jurisdiction and their correlation in the context of substandard ships. In conclusion, it is asserted that by removing the notion of ship nationality, substandard ships can be eradicated by the use of other existing devices.