Flag State Research Articles

Unveiling the hidden hands: Analysis of corporate ownership of industrial tuna fishing vessels in the Eastern Pacific Ocean

Distant-water fishing (DWF) refers to fishing operations conducted by companies in waters beyond their national exclusive economic zones (EEZs), often targeting the EEZs of other coastal states or international waters. Research on DWF typically emphasizes the flag states of vessels, rather than the nationalities of the corporations that own them, despite evidence of efforts to obscure ownership. This paper examines the corporate owners of 1648 industrial and semi-industrial tuna fishing vessels in the Eastern Pacific Ocean (EPO) using Orbis data, analyzing ownership at three levels: flag state, direct corporate owners, and ultimate corporate owners. Results show that flag state data alone understate the true fishing capacity of key DWF nations. Shifts in ownership nationality across levels are significant, notably for Taiwanese and Spanish corporations owning vessels through proxies in the Global South. These ownership shifts impact 6 % of vessels and 14 % of gross tonnage in the registered EPO tuna fleet. Furthermore, spatial analysis using Global Fishing Watch data highlights the Galapagos Islands EEZ as a critical fishing zone, frequently accessed by foreign fishing corporations through Ecuadorian intermediaries. This study underscores the need to incorporate ownership data into fisheries governance for greater transparency and accountability. The systematic collection and analysis of ownership data would allow fisheries managers to better monitor capacity, address power concentration, and promote policies that ensure fairer distribution of resources and benefits.

Who owns reefer vessels? Uncovering the ecosystem of transshipment in fisheries.

A central barrier to effective governance and accountability in fisheries is the limited transparency of corporate ownership. Transshipment-the transfer of catches, fuel, parts, or crew between fishing and cargo vessels known as reefers-is often criticized for its opacity and poor governance. Better insight into the beneficial ownership of vessels involved in transshipment and their operational patterns could lead to more effective management. Our study presents a publicly accessible database of reefers' owners, operators, and flags. We identified 569 individual reefers and found that Russian and Chinese owners control 26 and 20% of the global reefer fleet, respectively. Results also show that 65% of all reefer vessels fly the flags of Russia, Panama, or China. This high level of consolidation suggests considerable leverage for enhancing transparency and governance. Our findings highlight the potential for reforming existing transshipment practices through collaboration among owners, flag states, fishery regulators, and scientists.

Armed attacks against merchant vessels: ‘Looking behind the Flag’ to find the victim State

Abstract This article argues that a non-flag State can be considered the victim of an armed attack against one or more merchant vessels and thus entitled to the right of self-defence under Article 51 of the Charter of the United Nations. This argument gains momentum in light of the recent Houthi attacks in the Red Sea against ships with diverse nationalities. Traditionally, attacks on merchant vessels have been considered attacks on the flag State due to the latter’s economic interests in the vessels. However, given the prevalence of open ship registries, today over 70 per cent of world tonnage is registered under foreign flags. Consequently, the jus ad bellum concerning armed attacks against merchant vessels necessitates a reassessment. The first section of this article revisits the traditional understanding that only the flag State can be considered the victim of an armed attack on merchant vessels. Hinting at the popularization of open registries, this article then clarifies how the laws of the sea and naval warfare have dealt with this phenomenon. It is remarked that ‘looking behind the flag’, especially in naval warfare, has become inevitable. This realization is then transposed to the jus ad bellum. In doing so, this article examines key references concerning armed attacks against merchant vessel: the Oil Platforms judgment by the International Court of Justice and the 1974 Definition of Aggression. This article also engages with directly relevant State practice. Ultimately, this article demonstrates that these references support the need for the reassessment advanced here.

Potential Contributions of IMO Area-Based Shipping Management and Port State Jurisdiction to the Regulation of Ship-Borne Tourism in Antarctica

Given the rapid growth of ship-borne tourism in Antarctica, the International Maritime Organization (IMO) area-based management tools (ABMTs) could be a timely and effective contribution to mitigate some of the associated risks. Utilization of IMO ABMTs in Antarctic waters, which constitute high seas, raises several legal and practical issues. The central challenge is how to ensure compliance with IMO measures on the high seas, given the lack of generally accepted coastal state jurisdiction in Antarctica and shortcomings in flag state control. This article addresses these questions and analyzes port state jurisdiction as a potential mechanism to enforce IMO ABMTs in the Antarctic. The article concludes that Antarctic port states have sufficient legal arguments to justify the exercise of jurisdiction in relation to IMO ABMTs, and that significant constraints lie in the economic and political dimensions of regulation rather than in regulation itself.

A Study on the Legal Characters of Disputed Waters among Korea, China and Japan - Focusing on the Rights and the Obligations of Coastal States and Flag States -

A Study on the Legal Characters of Disputed Waters among Korea, China and Japan - Focusing on the Rights and the Obligations of Coastal States and Flag States -

Port State Control of Offshore Supply Ships, MODU and FPSO Units

The Port State Control system aims to ensure that all ships are subject to regular inspections, with particular attention to the ships of insufficient quality. To this end, during the inspection, priority is given to ships that are considered risky. Thetis database is an information system that contributes to the implementation of the Port State Control within the EU (European Unit). It contains data on inspections performed in the EU ports and the Paris Memorandum area. The Paris Memorandum has 27 member states and covers the waters of European coastal states and the North Atlantic basin from North America to Europe. The main goal of the Paris MoU (Memorandum of Understanding) is to eliminate substandard ships through a harmonized Port State Control system. Namely, inspections should ensure that ships meet international safety standards, are safe for the environment, and provide adequate living and working conditions for workers. The primary responsibility for ensuring these standards rests with the ship owner/shipper while the responsibility for ensuring such compliance rests with the flag state. The aim of this analysis is to determine the number of inspections performed in the ports of the Republic of Croatia and the Republic of Italy, to identify the cause of ship detentions and the most common deficiencies of offshore supply vessels, MODU (Mobile Offshore Drilling Units) and FPSO (Floating Production Storage and Offloading) Units. In the observed period, the impact of the crisis caused by the COVID-19 pandemic was significant, resulting in the decline in the numbers of inspections performed in 2020 and 2021. In 2022, the number of inspections increased, but it still has not reached its pre-pandemic level. During the period that was the subject of research, port state inspections in the Republic of Croatia and the Republic of Italy revealed 241 deficiencies. Five areas with the largest number of deficiencies are: Certificate & Documentation, Safety of Navigation, Fire Safety, ISM, and Life-saving appliances, which follow the trend of the lack in the areas of the Paris Memorandum. The greatest increase in deficiencies was recorded in the areas of Labor Conditions-Health protection, Certificate & Documents (Crew Certificate, Documents), Emergency System and Fire safety area, which led to an increase in the number of offshore supply ships retention during the first half of 2022.

Fleet Repositioning, Flag Switching, Transportation Scheduling, and Speed Optimization for Tanker Shipping Firms

In response to the European Union (EU)’s sanctions on Russian oil products, tanker shipping firms may adopt two strategies to reoptimize their shipping networks. The first strategy is to switch the flag states of tankers that are not eligible to operate on certain routes. The second strategy is to reposition tankers based on their flag states, i.e., moving those tankers that are eligible from other groups to specified routes. To help tanker shipping firms minimize the total operating cost during the planning horizon in the context of EU oil sanctions, including costs of fleet repositioning, flag switching, and fuel, this study investigates an integrated problem of fleet repositioning, flag switching, transportation scheduling, and speed optimization considering the dynamic relationships among fuel consumption, speed, and load. By formulating the problem as a nonlinear integer programming model and applying various linearization techniques to convert the nonlinear model into a linear optimization model solvable by off-the-shelf linear optimization solvers, this study demonstrates the practical application potential of the proposed model, with the longest solution time of less than two hours for a numerical instance with seven routes. Furthermore, through sensitivity analyses on important factors including unit fuel prices, crude oil transportation demand, and the tanker repositioning cost, this study provides managerial insights into the operations management of tanker shipping firms.

Optimal Routing and Scheduling of Flag State Control Officers in Maritime Transportation

Maritime transportation plays a pivotal role in the global merchandise trade. To improve maritime safety and protect the environment, every state must effectively control ships flying its flag, which is called flag state control (FSC). However, the existing FSC system is so inefficient that it cannot perform its intended function. In this study, we adopt an optimization method to tackle this problem by constructing an integer programming (IP) model to solve the FSC officer routing and scheduling problem, which aims to maximize the total weight of inspected ships with limited budget and human resources. Then we prove that the IP model can be reformulated into a partially relaxed IP model with the guarantee of the result optimality. Finally, we perform a case study using the Hong Kong port as an example. The results show that our model can be solved to optimality within one second at different scales of the problem, with the ship number ranging from 20 to 1000. Furthermore, our study can be extended by considering the arrangement of working timetables with finer granularity and the fatigue level of personnel.

Navigating Pakistan's Maritime Industry potential in context of blue economy: An analysis of the necessity for ratification of maritime labour convention 2006

The maritime sector of Pakistan has a rich history and vast potential; however, it has yet to ratify the Maritime Labour Convention, 2006 (MLC-2006). This paper provides a comprehensive overview of Pakistan's maritime sector, labour market, and an introduction to its potential in the context of the blue economy as a flag state, port state, and seafarers-supplying state. The study primarily focuses on why Pakistan needs to ratify the MLC-2006 to adhere to international standards for seafarer welfare and protection. The paper examines the impact of the MLC-2006 on the sector, along with the Strengths, Weaknesses, Opportunities, and Threats (SWOT) of Pakistan ratifying the MLC-2006. The paper concludes that ratifying the MLC-2006 could offer significant benefits to the government, ship-owners, and seafarers in Pakistan by safeguarding their rights, enhancing operational efficiency, and improving the country's reputation in the maritime industry. Lastly, the paper suggests that the adoption of the MLC-2006 could greatly benefit Pakistan's maritime sector. It would enhance seafarers' rights, improve working conditions, promote high training standards, and create a transparent and accountable industry. This would attract investment, enhance competitiveness, and encourage youth participation in the profession. Compliance with the MLC-2006 would also secure Pakistan-flagged vessels and attract more international freight to its ports.

Data-driven Bayesian analysis of marine accidents in the English Channel

The English Channel, renowned for its heavy traffic and challenging conditions, frequently witnesses marine accidents. To understand the causal mechanisms and identify risk factors, this study analyzed 833 accidents from 2017 to 2022, employing a Bayesian network predictive model. Validation using log loss, quadratic loss, and spherical gain metrics confirmed the model’s accuracy. The research elucidates the primary influences on accident occurrence: ship type, tonnage, accident location, and flag state. Ship-related factors surpass environmental ones in significance. Older ships face heightened risks of mechanical failures and collisions, especially in adverse weather with limited visibility. Yachts and fishing vessels are particularly susceptible to fire, explosion, collision, and grounding incidents. The study offers theoretical guidance for management departments to devise prevention strategies and enhance navigation safety in the English Channel.

PRIVATELY CONTRACTED ARMED SECURITY COMPANIES IN MERCHANT SHIPPING

Armed private security companies have recently become a method used by maritime companies to combat piracy, or attempted to do so if permitted by flag states. This issue has been regulated to a certain extent by the guiding regulations of the International Maritime Organization (IMO), but there are still clarification issues such as liability, jurisdiction, sovereignty and insurance. On this page, the current situation has been identified and maintenance-related solutions have been researched.

Optimizing waste management for green shipping: industry commitment through participatory processes in Cyprus

Every year, up to 0.3 million tonnes of waste from the European shipping industry is not properly delivered at ports. Most of the waste produced by the shipping industry is plastic waste, putting plastics at the forefront of the shipping industry’s waste management efforts. In an increasingly connected global economy, concerted actions that encourage and incentivise waste minimisation and waste management optimisation are essential for the reduction of marine litter and the achievement of a circular economy within the shipping industry. Cyprus, an important flag state, can take a leadership role towards this direction. This article presents the results of the implementation of the DeCyDe-4-Shipping decision-support participatory method in Cyprus, which allowed effective multi-stakeholder interactions and resulted in the identification of actions for waste minimisation and waste management optimization that are relevant, effective, implementable, and stem from stakeholder consensus. The method resulted in the definition of yearly action plans with prioritized actions and provided the tools through which to monitor the industry’s annual progress. As the shipping industry is dependent on a global supply chain, DeCyDe-4-Shipping could be replicated at a wider geographic scale, starting with Mediterranean ports, to ensure consistent industry progress towards waste minimization and waste management optimization.

Finding connections between the ITLOS Advisory Opinion on Flag State Responsibility for IUU Fishing and the advancement of Ocean Justice

The 2015 Advisory Opinion (AO) of the International Tribunal for the Law of the Sea (ITLOS) on illegal, unreported, and unregulated (IUU) fishing underscored the critical importance of due diligence obligations for flag states and represented a significant step in the upholding of the International Rule of Law and in the struggle towards ocean justice. The AO highlighted that flag states possess a duty to effectively exercise their jurisdiction and control over vessels flying their flag to prevent, deter, and eliminate IUU fishing activities. Furthermore, the AO emphasized the responsibility of flag states to cooperate with other states and international organizations to combat IUU fishing, thus fostering the shift from a historical and sectorial to a modern and integrated approach to fisheries’ management, especially among member states to the UN Convention on the Law of the Sea. In this paper, it is claimed that the AO revealed how valuable the work of international organizations such as the International Tribunal for the Law of the Sea (ITLOS) can be for the interpretation and consolidation of new juridical perspectives on ocean governance and may ultimately contribute to the ideal of blue justice.

A new approach to combating illegal, unreported, and unregulated fishing: analysis of the WTO Agreement on Fisheries Subsidies

Harmful subsidies awarded by states facilitate illegal, unreported, and unregulated (IUU) fishing, which causes negative impacts on ocean ecosystems, seafood value chains, society, and global food security. The World Trade Organization Agreement on Fisheries Subsidies, adopted on June 17, 2022, aims to improve global fishery governance through trade measures and is regarded as a major step toward the achievement of the United Nations 2030 Sustainable Development Goals. The objective of this study is to offer a better insight into the interpretation and future implementation of the WTO Agreement on Fisheries Subsidies. Based on the status quo of international and regional fishery governance legal systems and management regimes in the regulation of IUU fishing, this study reviews the legislative process of the WTO Agreement on Fisheries Subsidies, analyzes five main controversial issues, and explores the conflicts of interests of different countries during the discussion. In the future, states should promote the transformation of the fisheries sector by reducing harmful subsidies for IUU fishing and enhancing cooperation among coastal states, flag states, port states and relevant RFMOs.

Integration of spatial justice into navigating the combat on illegal, unreported and unregulated fishing in ocean and coastal areas

As a geographical dimension of justice, spatial justice is characterized by the interplay of social justice and heterogeneous spaces, including the ocean. Despite the generous contribution of ocean to humankind, concerns over aquatic spatial justice are disproportionately lacking. Among the core disruptors of ocean justice, illegal, unreported and unregulated (IUU) fishing imposes a major threat to global fisheries governance. The synthesis of spatial analysis and justice perspective can generate new insights to help understand and potentially address IUU fishing. To examine the spatial (in)justices concerning IUU fishing, we first propose a novel tripartite framework that envisions space as a form of opportunity, society and rights to externalize its socio-environmental implications. Then we integrate productive, distributive and consumptive justices to examine the spatial variations of IUU stakeholders along the fish value chain, and use stakeholder analysis to investigate spatial powers and conflicts regarding both a micro scale of fish communities, and a macro scale of states (coastal state, flag state, port state and market state) and supernational players (regional fisheries management organizations and marine protected areas). It is discovered that certain regions provide greater spatial benefits that stimulate IUU behaviors; IUU misconducts cause spatial differentiation and spatial deprivation that disrupt social orders in fish communities; space can empower stakeholders’ inclusive and proper engagement into the place-based management process against IUU fishing. Since the spatialized vision has been increasingly highlighted in marine fisheries management, it is suggested to intervene in the world ocean by leveraging spatial knowledge, managing spatial conflicts and facilitating spatial action, in order to promote spatial justice and better combat IUU fishing globally.

Submarine Infrastructures and the International Legal Framework

The purpose of this paper is to identify weaknesses in the international framework for the protection of submarine cables beyond the sovereign waters of coastal States. To illustrate this, the paper uses a hypothetical case study of what a possible attack on a submarine cable may look like. First, it provides an overview over the applicable framework, with a particular focus on international peacekeeping law (ius contra bellum), the law of the sea, protection against piracy, and criminal prosecution under national criminal law. Various international conventions play a key role in relation to submarine cables. Particularly relevant are the Convention on Submarine Telegraph Cables of 1884, the United Nations Convention on the Law of the Sea of 1982, as well as the peacekeeping regulations of the United Nations Charter of 1949. After outlining the legal framework using the classical methods of treaty interpretation, as well as taking the scholarly literature on this subject into account, the example is subsumed under the various means of protection under international law. The peacekeeping law of the United Nations turns out to be ineffective because, on the one hand, an attack as described in the reference scenario does not necessarily constitute an armed attack in the sense of the UN Charter and therefore cannot be met with military countermeasures. On the other hand, an authorisation by the Security Council cannot be given quickly enough to counter the attack militarily. In addition to that, measures taken in the framework of the Law of the Sea Convention are ineffective due to the exclusive flag State jurisdiction which precludes other States from acting in this matter. An exception to this principle, namely universal jurisdiction to combat piracy, is unlikely to be applied in the context of an attack against a submarine cable. Finally, as result of the exclusive jurisdiction of the flag State and the poor implementation of the international obligations under the Law of the Sea Convention, national criminal law is also inadequate as a repressive means of protection.

Question of Fraudulent Registration of Ships and Fraudulent Ship Registries; the Response of the International Community

The aim of this paper is to address the issue of fraudulent registration and fraudulent Ship Registries, mainly as a means of concealing illicit activities, such as piracy, slavery, maritime migration, IUU fishing, and the evasion of UN sanctions. The method that has been followed includes the presentation of all types of fraudulent flagging as reported by the interested Flag States, Port States, and the associated international organisations of IMO and FAO. The analysis compares the findings that have been collected by the various sources and the drawing of strong conclusions. The results of this essay extend to cover the various forms of fraudulent registration, the legal framework that governs the registration of ships, and the proposed measures to deal with this phenomenon. The novelty lies in the multi-level approach of fraudulent registration, covering all of its forms, and the solutions proposed, either already applied or innovative. In conclusion, insufficiency to deal with this phenomenon so far leaves room for the application of new strategies, like the ones proposed in the current essay.

A Quantitative Risk Analysis during Truck-to-Ship Ammonia Bunkering

A primary objective for the sustainable development of the maritime sector is to transition toward carbon-neutral fuels, with the aim to reduce emissions from maritime transportation. Ammonia emerges as a promising contender for hydrogen storage, offering the potential for CO2-free energy systems in the future. Notably, ammonia presents advantageous attributes for hydrogen storage, such as its high volumetric hydrogen density, low storage pressure requirements, and long-term stability. However, it is important to acknowledge that ammonia also poses challenges due to its toxicity, flammability, and corrosive nature, presenting more serious safety concerns that need to be addressed compared with other alternative fuels. This study sought to explore the dispersion characteristics of leaked gas during truck-to-ship ammonia bunkering, providing insights into the establishment of appropriate safety zones to minimize the potential hazards associated with this process. The research encompassed parametric studies conducted under various operational and environmental conditions, including different bunkering conditions, gas leak rates, wind speeds, and ammonia toxic doses. EFFECTS, which is commercial software for consequence analysis, was utilized to analyze specific scenarios. The focus was on a hypothetical ammonia bunkering truck of 37,000 L refueling an 8973 deadweight tonnage (DWT) service vessel with a tank capacity of 7500 m3 in the area of Mokpo Port, South Korea. The study’s findings underscore that the ammonia leak rate, ambient temperature, and wind characteristics significantly impacted the determination of safety zones. Additionally, the bunkering conditions, leak hole size, and surrounding traffic also played influential roles. This study revealed that bunkering in winter resulted in a larger safety zone compared with bunkering in summer. The lethality dose of ammonia was affected by the leak hole size, time for dispersion, and the amount of ammonia released. These observed variations imply that ammonia truck-to-ship bunkering should be undertaken with carefully chosen suitable safety criteria, thereby significantly altering the scope of safety zones. Consequently, the risk assessment method outlined in this paper is expected to assist in determining the appropriate extent of safety zones and provide practical insights for port authorities and flag states contributing to the future sustainable development of the maritime industry.

Navigating uncharted waters: Challenges and regulatory solutions for flag state jurisdiction of Maritime Autonomous Surface Ships under UNCLOS

The emergence of commercial Maritime Autonomous Surface Ships (MASS) is transforming the shipping industry, presenting significant challenges to flag state jurisdiction under the United Nations Convention on the Law of the Sea (UNCLOS). The flag state is under the primary obligation to ensure that MASS comply with the provisions in UNCLOS and other international instruments. This paper explores the primary challenges MASS pose to flag states to fulfil their jurisdictional obligations under UNCLOS. It also examines potential regulatory pathways to address these issues. The paper recommends using International Maritime Organization (IMO) regulatory instruments as rules of reference as the most practical and feasible approach. It advises flag state to exercise caution in registering MASS particularly when the Remote Control Centre (ROC) is located outside their territorial jurisdiction, pending the adoption of the MASS Code and amendments to relevant conventions.

Pengaturan Hukum Laut Internasional Terhadap Tabrakan Kapal Yang Di Sengajakan

Introduction: Indonesia is an archipelagic country that has a very wide coastline and sea in the world and is rich in marine resources that must be protected, however, its strategic location and busy shipping by foreign ships makes Indonesia also an international shipping lane which is prone to ship accidents. . One of the causes of ship accidents is human error.Purposes of the Research: This writing aims to examine and find out the arrangements regarding the prohibition of intentionally crashing ships based on international law provisions, examine and find out the forms of state responsibility that violate the provisions of international law, and this research as one of the requirements for writing a thesis in obtaining a Bachelor of Laws degree at the Faculty Pattimura University Law. Methods of the Research: Normative Juridical research method, namely obtaining data from the library in the form of documents, books, magazines and other literature related to writing. The source of legal material used is Primary legal material, Secondary legal material, and Tertiary legal material and used as a technique for collecting legal material, then processing and analyzing legal material through qualitative analysis, namely the data obtained is then systematically arranged for further qualitative analysis based on scientific disciplines. civil law to achieve clarity of issues to be discussed.Results of the Research: The results of the study show that international conventions governing ship safety and shipping security include SOLAS (Safety Of Life At Sea) 1974, MARPOL (Marine Pollition) 1973/1978 and Load Line Convention 1966 and Collreg 1972 (Collision Regulation) as well as national law. Indonesia does not implicitly contain legal norms aimed at intentional ship collisions. This is because the purpose of establishing these legal provisions is precisely to anticipate the occurrence of ship collisions due to human error in the perspective of negligence or negligence. Even so, explicitly the legal logic is that if an unintentional act can be punished then especially if it is done intentionally. The impact of the losses incurred has legal consequences of course on the responsibilities of the flag state as well as captains and shipping companies to the aggrieved party, including in this case the coastal state.