The Modern Case Law on the Powers and Responsibilities of Flag States: Navigating Canada’s Arctic Waters

Abstract

This chapter has two principal goals. First, it assesses the powers and responsibilities of flag States in light of the current jurisprudence, and, second it considers the implications of this case law for flag State powers and responsibilities within an Arctic context, especially in light of the adoption of the Polar Code. The recent case law confirms the plenary and exclusive nature of flag State jurisdiction but it also emphasizes the due diligence obligation of flag States to enforce relevant laws and standards with respect to such matters as the safety of navigation, protection of the environment, or fisheries. These standards include the so-called rules of reference or GAIRS (generally accepted international rules and standards) including the Polar Code.