Flag State Research Articles

Documenting Maritime Accidents of Recreational Vessels in the Republic of Croatia

Nautical tourism in the Republic of Croatia represents an important segment of Croatian tourism. Due to the natural conditions that Croatia possesses, it is recognized as one of the most desirable European and world destinations for boaters. The increase of nautical tourism activities in the Adriatic in recent years also increases the possibility of accidents at sea. In order to reduce the risk of accidents, analyses of available data on accidents from the National Maritime Rescue Coordination Center (MRCC) were carried out. In the aforementioned database, recreational vessels were selected and analyzed. The compiled data refers to sailing vessels, yachts, small fishing vessels, boats, and inflatable boats regardless of their flag state. Based on the research conducted, suggestions were made to optimize the existing way of filling out reports in order to better manage statistical data, and potentially identify the causes of recreational vessel accidents.

Environmental Impact Assessment of Offshore Windfarms in Areas beyond National Jurisdiction: Who Should Have Obligations?

Abstract After almost two decades of discussions and negotiations, the legally binding instrument on biodiversity beyond national jurisdiction (‘BBNJ’) was adopted on 19 June 2023, of which Environment Impact Assessment (‘EIA’) is one of the key pillars. Given that EIA in the new instrument is proposed with a view to the conservation and sustainable use of marine life in areas beyond national jurisdiction, flag States should mainly have an obligation to regulate EIA by applying their domestic legislation. However, for some activities involving many vessels, marine structures, and cables, EIA by flag States may not work effectively. EIAs for offshore windfarm activities may be particularly difficult. Against this background, this study explores how international legal rules should regulate EIAs of offshore windfarms established in areas beyond national jurisdiction. In particular, this study considers which States should have EIA obligations from the perspective of both lex lata and lex ferenda.

Investigation of the Best Solution Proposals for Reducing SIRE VIQ Inspection Observations Utilizing Fuzzy TOPSIS Integrated Fuzzy DEMATEL Approach at OilChemical Tankers

A significant portion of seaborne transportation is carried out by tankers. While offering huge volumes of carrying capacity, due to the characteristics of the cargoes they carry, the reliability and environment friendliness of the tanker fleets need to be maintained to ensure safe and reliable transportation without harming human life and the environment. This forms the basis of additional inspection mechanisms to keep tanker ships operationally safe. Ship Inspection Report (SIRE) programme Vessel Inspection Questionnaires (VIQ) inspections form one of the additional inspections complementing the regular Flag State and Port State Inspections. By consulting tanker crew and inspectors as field experts, this study utilizes a quantitative method to propose an approach for minimizing the most observed remarks of SIRE VIQ inspections. The study first classifies the remarks using the Fuzzy DEMATEL approach and further obtains the best possible solution suggestions via the Fuzzy TOPSIS method. The study also offers a complementary choice to add to the existing inspection routine.

Potential cooperation of RFMOs for the integrity of MCS: Lessons from the three RFMOs in the Asia-Pacific

Enhanced monitoring, control, and surveillance (MCS) of illegal, unreported, and unregulated (IUU) vessels is key to sustainable fisheries. This study examined relevant conservation and management measures (CMMs) in three regional fishery management organizations (RFMOs) of the Asia-Pacific to identify their challenges. We focused on two CMMs: vessel monitoring systems (VMS) and IUU vessel lists. We also conducted two qualitative analyses to gain an in-depth understanding of registered vessels, including the fishing capacity of member states in the three RFMOs and the relationships between the fishing capacity and catch of flag states. Consequently, we identified several challenges, including VMS data gaps and difficulties in applying sanctions to different IUU entities. While these challenges may be common across RFMOs, there are still limited inter-RFMO cooperation to address them. Also, our quantitative analyses revealed that coastal developing states with limited capacity have a high number of recorded vessels and that a large fishing capacity (especially that of large distant water fishing nations) does not necessarily indicate a large catch. Our analyses highlight the need to improve vessel management capacity and ensure the accuracy of vessel related information. Overall, our findings indicate the need for collaborative work among RFMOs in the form of, for example, a formal communication platform, which would provide RFMOs opportunities to promote knowledge or technology transfer. Inter-RFMO cooperation can be particularly useful for the youngest RFMO managing the North Pacific as its enhancement of CMMs is essential to achieve the integrity of MCS for IUU vessels in the Asia-Pacific.

Problems of protecting the rights of seamen in the conditions of the armed conflict in Ukraine: Ukrainian seamen are key workers

Ukraine is a recognized supplier of highly qualified maritime personnel in the international arena: every 20th officer in the merchant fleet in the world is from Ukraine. Therefore, protection of the rights of seafarers during the armed conflict in Ukraine and in emergency situations of various nature in general is an urgent problem today.
 With the introduction of martial law in Ukraine, a general mobilization was announced and the departure of men aged 18 to 60 from the territory of Ukraine abroad was restricted. However, the rule prohibiting travel abroad limits or even makes impossible the seafarer's right to work due to the peculiarities of his profession. While the recognition of Ukrainian sailors as key workers will provide an opportunity to overcome administrative restrictions and ensure the stability of maritime supply chains.
 The issue of working out the latest aspects of seafarers' labor standards in modern conditions indicates the need to ensure the rights of seafarers who, due to military operations, cannot update their qualification documents, as well as the extension of the terms of employment contracts of seafarers who are on ships, taking into account the peculiarities of the repatriation of seafarers, as well as provision of passage and visa support for seafarers for their passage on ships. Flag states should ensure the implementation of a number of measures to guarantee the right of seafarers to continue active work on ships and simplify as much as possible all visa restrictions for seafarers to start work on ships and use the seafarer's identity card as the main travel (transit) document for seafarers.

Safer Ships and Cleaner Seas: Reducing Vessel Risks through Targeted Inspections and Recognized Organization Oversight

Abstract This article explores the lessons that might be learned from port State con-trol (PSC) inspections for flag States, examining the scholarly literature on vessel risk targeting. It begins by identifying the major classification socie-ties (and recognized organizations or ROs) before discussing the obligations and responsibilities of governments in achieving a global ‘safer ships and cleaner seas’ objective. It then presents a framework for thinking about the relationship between owner/operators, ship classification societies, flag State authorities and PSC parties in order to improve safety, discussing where gaps remain in the execution of the objective. The author draws con-clusions about where the future focus by flag States might achieve addi-tional improvements in their oversight of classification societies when they act as ROs, carrying out ship survey and certification functions on behalf of flag States. Identified challenges include improving the quality of data used in vessel risk targeting, expanding the transparency of that data for RO oversight, and focusing efforts on those flag States and ROs who do not meet their obligations.

Indonesia Inspection Mechanism: A Way to Comply with Maritime Labour Convention

Purpose: The purpose of this study is to examine the necessity of the Indonesian government to establish a national legal framework and inspection mechanism based on Maritime Labour Convention (MLC) by emphasising its role as a flag state, a coastal state, a labour supplier state, and a port state. Design/methodology/approach: This is doctrinal research that applies a system-structural analysis by identifying, selecting, and synthesising all relevant sources, data, and provisions on the intended topic. Findings: After MLC was ratified through Law No. 15/2016, some technical provisions passed as mandated by the law. However, even now in 2021, insufficient comprehensive technical regulation for conducting standard inspection assessments hinders national maritime industry compliance. As a temporary measure in 2020, the authority relied on co-operation and assistance from another state/institution to conduct the assessment.

The Role of Flag States of ngo Vessels under Italy’s New Migration Policy

Abstract On 4 and 6 November 2022, the Italian Ministry of Home Affairs, in agreement with the Ministry of Defense and the Ministry of Infrastructures and Transport, issued two inter-ministerial decrees effectively prohibiting two ngo humanitarian vessels from staying in Italian territorial waters for a longer period than “necessary”. As the former Minister of Home Affairs stated, such decrees were the “first act” of a policy aimed at calling on flag countries to respect their international law obligations. In the context of a press release, the Minister even stated that migrants saved at sea and in need of international and complementary protection could be informed of the possibility to apply for asylum on board of the rescuing vessels. The present comment offers an evaluation of the compatibility of such policy, finally given legal status in the Italian Law Decree n. 1/2023, under international law, bearing in mind both what it is legally required of shipmasters vis-à-vis rescued migrants and State obligations under international law.

Might contain traces of Lotus: The limits of exclusive flag state jurisdiction in the Norstar and the Enrica Lexie cases

AbstractThe article scrutinizes some of the surprising commonalities in the reasonings of two recent decisions by two separate judicial forums: the ITLOS’s judgment in the M/V Norstar case and the award of an ad hoc arbitral tribunal in the Enrica Lexie case. One key connection between the two decisions is their heavy reliance on the Lotus judgment of the PCIJ. Another similarity between the two disputes is that both of them revolve around the concept of exclusive flag state jurisdiction under UNCLOS Article 92(1) and adjacent questions of jurisdiction on the high seas. The article is going to subject both decisions to criticism and argue that some of the more problematic positions adopted by the tribunals in both cases amount to no more than obiter dicta – thus establishing an additional parallel with Lotus, which also received heavy criticism for its controversial obiter dictum. The two tribunals’ new-found interest in Lotus also provides an opportunity to discuss the utility and legal weight of Lotus as a precedent in the face of a century of developments in treaty law and judicial practice. In this sense, this article builds on and attempts to continue the recent trend in scholarship advocating for a renewed appreciation of the Lotus case against the backdrop of decades of criticism against it. Accordingly, the article aims to facilitate a better understanding of all three disputes, the principles they applied, and the dynamics of international adjudication and international law in general.

Analyzing the influencing factors of Port State Control for a cleaner environment via Bayesian network model

Port State Control (PSC) is a critical inspection mechanism used to regulate and remove substandard foreign ships in national ports, with the aim of ensuring compliance with safety and pollution regulations to prevent threats to the environment. With the heavy and concentrated traffic volumes at ports, executing efficient and effective PSC inspections has become increasingly challenging. This study investigates the risk factors of ship detention and identifies the most critical factor for detention to strengthen maritime safety and environmental protection towards cleaner environment. Using six years dataset with a total inspection of 178,153 from 2010 to 2015, a Bayesian network model was developed to analyze the influencing factors of inspection that lead to detention viz. The flag State, ship type, recognized organization, inspection authority and ship age. The results indicate that the flag State has the greatest influence, followed by ship type, recognized organization, inspection authority and ship age in descending order of importance. These findings guide PSC officers and ship owners in identifying critical areas to enhance maritime safety, promote environmental sustainability and achieve a cleaner environment. A similar approach can be applied to PSC inspection records from other years for further analysis.

Comprehensive analysis of lifeboat accidents using the Fuzzy Delphi method

Accidents that result in personnel injury or death occur in lifeboats, which are some of the most reliable means of abandoning a ship during drills, routine maintenance, and tests. Comprehensive research on lifeboat accidents is non-existent in literature. This article aims to prioritize the factors responsible for lifeboat accidents and to provide comprehensive recommendations for managers, policymakers, and seafarers. For this purpose, the Fuzzy Delphi method was used in the study. Twelve lifeboat accidents reported by flag states were examined, and detailed accident analyses were made by 12 field experts. As a result of the study, human errors, equipment unsuitability, lack of knowledge, and language problems of the personnel were determined as the most important factors in the causes of lifeboat accidents.

Untangling Jurisdictional Complexities for Crew Labour Regulations on Fishing Vessels in the Western and Central Pacific Ocean

Abstract The transnational nature of seafood supply chains, including different jurisdictions with varying degrees of responsibility and opportunity, creates a high risk for labour abuse. The ratification of the International Labour Organization’s Work in Fishing Convention, C188, has been low, making the enforcement of national labour regulations very important. This article summarises national labour regulations of key flag States that fish in the Western and Central Pacific Ocean and compare these regulations to C188. The findings highlight the gaps between national regulations and international labour standards. Although the primary responsibility for crew labour standards lies with the flag State, tools at the coastal, crew, port and market State levels are introduced that could support better protection of fishing crew. While the legal infrastructure to address labour issues on fishing vessels exists in theory, more work is needed to increase the performance, enforcement, monitoring and accountability of the existing regulations.

UNCLOS 1982 Analysis Regarding Problems of State Jurisdiction and Law Enforcement on Foreign Flag Ships

International Law of the Sea are legal principles governing the rights and authorities of a country over sea areas under its national jurisdiction (national jurisdiction). International Law has reign most interactions between States in the sea. The practice of illegal transshipment is a serious issue as it falls within both theft mode and smuggling through the transfer of cargo from one ship to another that occurs at sea. Including a crime which committed in the territory of one state but involving parties from another state or more. Law enforcement is a major concern when an offence of some kind of illegal transshipment occurs. The study aims to determine the jurisdiction of states in enforcing laws including in criminal matters that occurred over its sea where the country has sovereign rights, especially when the involvement of 3rd states party in the law enforcement on a ship which not entered into its territory, yet indicately committed a violation of the law in some states water area, this paper also study how the responsibility of 3rd states party towards of flag states of ships who feel harmed. This article was written using normative research methods with a statutory. Historical and conceptual approach explaining efforts from international organizations in resolving the issues of accountability of countries involved in the problem of Illegal Transshipment at sea in the 1982 UNCLOS perspective especially the process of law enforcement and dispute resolution by the International Tribunal for the Law of The Sea (ITLOS).

Development of greenhouse gas emissions baseline and identification of carbon offset cost for maritime vessels of a developing country

Maritime transportation has drawn international attention due to the gradual rise and projected growth of Greenhouse Gas (GHG) emissions resulting from fossil fuel consumption. It is alarming that the overall maritime transportation emissions are neither attended to nor mainstreamed under the transportation sector. The actual national inventory of GHG emissions vis-à-vis all types/sizes of maritime vessels is so far not established particularly in developing countries, which clearly indicates the inadequacy of their climate mitigation response. Accurate assessment of GHGs is essential to provide reliable input for climate policy, strategies, and decision-making processes by flag states. Therefore, the establishment of a baseline reference scenario by considering all types/sizes of maritime vessels is crucial to know the actual gravity of the problem, which is still unknown. This entailed the need to explore the actual extent of GHG emissions from the maritime transportation sector. In this context, the present study tried to assess the potential GHG emissions from maritime vessels by undertaking the case of Pakistan and using the top-down approach, which took into account fuel consumption and emission factors for GHGs. It revealed that 2,468,789.21 tonnes of GHGs (CO2e) are being emitted annually from the maritime vessels of Pakistan, which is 4.9% of the overall transport sector emissions of the country. Carbon offset cost of 37, 031, 838.14 US$/annum and approximately 20,020 hectares of mature mangrove forest to remove 2,468,789.21 metric tonnes of CO2e emissions from the atmosphere in a timeline of 1 year are required to become carbon neutral. It is anticipated that this study’s outcome will serve as a baseline reference scenario for national GHG inventory and help in devising climate mitigation responses for maritime vessels by bridging the existing knowledge gap.

Illegal, Unreported, and Unregulated Fishing Governance in Disputed Maritime Areas: Reflections on the International Legal Obligations of States

Illegal, unreported, and unregulated (IUU) fishing in the disputed maritime areas causes significant damage to the marine ecology and authorized fisheries, increases the risk of conflicts among disputed states, and violates human rights at sea. Both unilateral measures and cooperative governance for IUU fishing are often inadequate in these areas. In light, this study aims to clarify the regulatory obligations of relevant states and explore feasible solutions based on international cooperation to promote IUU governance in disputed areas worldwide. The rapidly evolving international fisheries legal framework requires that states, such as coastal states, flag states, port states, or market states, fulfill their respective obligations to prevent and deter IUU and that the presence of disputes in a specific maritime area does not typically constitute grounds for derogation from these obligations or exemption from possible state responsibility. However, the implications of the conflicting claims in disputed maritime areas should be taken into consideration while interpreting and applying international legal rules. Therefore, this study suggests that regional and inter-regional cooperation is necessary for states to fulfill their obligations to regulate IUU fishing and prevent state responsibilities under international law. Parties to the dispute, as well as third parties, are encouraged to participate in the cooperative mechanism in order to coordinate legislative and enforcement measures and advance the institutionalization of IUU fishing regulation in the disputed maritime areas, which will not only advances the effective governance of IUU fishing but also reduces tensions among the disputing states and contributes to the peaceful settlement of the dispute.

Ship Surveys and Certification During Global Health Pandemics; Challenges and Opportunities Presented by COVID-19

This article examines how flag states, port states, and the shipping industry have attempted to fulfill their obligations to carry out mandatory ship surveys and certification in response to challenges arising from the COVID-19 pandemic and provides guidance for future pandemics. Although the International Maritime Organization (IMO) Conventions do not have procedures to deal with the impacts of global pandemics on ship surveys and certification, the IMO has provided guidance via circular letters, taking a pragmatic and practical approach. Several flag states extended the validity of certificates by taking either a case-by-case or a blanket approach within the statutory maximum of three months. With regard to the extension beyond the statutory period of three months, flag states should consider requests using an evidence-based assessment on a case-by-case basis. Classification societies play an important role in the extension of the validity of certificates by providing their technical expertise and recommendations. Port state control serves as a safety net in the event that flag states do not comply with their obligations. In this regard, cooperation between flag states, port states, and classification societies is key to managing survey and certification during a pandemic. Moreover, the COVID-19 pandemic has demonstrated an accelerated need for the development of remote surveys. It has also illustrated a need to develop guidance on remote surveys under exceptional circumstances in order to respond to future pandemics.

New challenges in fleet deployment considering EU oil sanctions

<abstract> <p>Due to European Union (EU) oil sanctions, tanker shipping companies need to redeploy their tankers by moving tankers between ship routes with the consideration of flag states of tankers, but the literature lacks quantitative methods for this problem. To fill this research gap, this paper studies an integrated problem of fleet deployment, fleet repositioning, round trip completion, and speed optimization with the consideration of flag states of tankers. The problem is formulated as a nonlinear integer programming model to minimize the total cost, including the fleet repositioning cost, the mismatch cost, and the fuel cost, during the planning period while satisfying the total crude oil transportation demand of each voyage and the minimum shipping frequency. Some linearization methods are used to transform the nonlinear model to a linear one which can be directly solved by Gurobi. The average solving time required for 17 computational instances is 4.5 minutes, which validates the effectiveness of the proposed model. Sensitivity analyses, including the influences of the unit fuel price, the total crude oil transportation demand, the mismatch cost of completing a round trip by a deployed tanker, and the repositioning cost for each deployed tanker, on operations decisions, are conducted to obtain managerial insights.</p> </abstract>

PENEGAKAN HUKUM YANG BERKEADILAN TERHADAP IILEGAL, UNREPORTED, UNREGULATED (IUU) FISHING DENGAN KONSEP STATE RESPONSIBILTY

The IUU Fishing law has not been effective so far. One of the reasons for the flag of the ship cannot be fully held accountable, let alone the involvement of the flag State in supporting or at least allowing its vessels to conduct IUU Fishing in other areas. The use of the principle of state responsibility can increase the optimization of fair law enforcement. Strict supervision of the flag state and the use of the principle of due dilligent became important to prevent boats and their fishermen from doing IUU Fishing. Normative legal research is used to see whether the principles used are appropriate by collecting related legal data and looking at their application to existing cases.

Comprehensive Analysis of Port State Control on Turkish Flagged Ships Through the Association Rule Mining

Port state control (PSC) inspections are one of the best ways of improving safety at sea. Therefore, it is vital to determine the parameters that cause deficiencies in the prevention of ship accidents. The main purpose of this study is to analyze the PSC inspection results of Turkish flagged ships using the data mining model. Considering a total of 209 PSC inspection reports resulting in the detention of Turkish flagged ships between 2014 and 2019, the Apriori Algorithm was applied using SPSS Modeler 18.0 software to determine the association rules of deficiencies detected. The study found that the safety of navigation, living/working conditions, and emergency systems are the main factors creating association rules in deficiencies. However, when the deficiencies causing detention were analyzed, the most frequently associated variables were safety of navigation, certificate/documentation, and emergency systems. The results of the study are supposed to be useful for the flag state control mechanism to improve the port state control performance of Turkish flagged ships. We recommend that further research collect more data on the PSC inspection of ships flying other flags to update the proposed models and improve their analysis performance.

Fine-scale associations between wandering albatrosses and fisheries in the southwest Atlantic Ocean

Bycatch is a conservation concern for marine biodiversity, including seabirds. Analyses of spatio-temporal overlap are an important tool for identifying areas and periods where birds are most at risk, but until recently were only possible at coarse scales using aggregated data on fishing effort. Here, we integrated data from loggers that record GPS positions of birds at sea and scan the surroundings to detect vessel-radar transmissions, with the positions of fishing vessels obtained from the automatic identification system, to identify areas, gear types and flag states representing most bycatch risk for wandering albatrosses (Diomedea exulans) of different life-history stages and sexes. We recorded 157 foraging trips of adult breeders, and 34 tracks of sabbatical breeders, 29 immatures and 31 juveniles. Overall, 55 % of birds encountered and 43 % of birds visited fishing vessels (i.e. were within 30 km and 5 km, respectively). Fine-scale overlap was particularly high for breeders during incubation and post-guard chick-rearing when birds travelled to the Patagonian Shelf break. Only 23 % of all encounters involved vessel visits. Our study found the greatest overlap was with set (demersal) longliners, particularly those from South Korea but also including the Falkland Islands, United Kingdom and Chile, and to lower extents, trawlers flagged to Argentina and Uruguay, and drifting (pelagic) longliners flagged to Brazil, Portugal and Taiwan. These fleets vary greatly in terms of bycatch rates. This study highlights the importance of covering the full range of life-history stages, and the advantages of vessel-detecting loggers and fine-scale analyses for improving risk assessments.