Flag state jurisdiction on the high seas international law essay

The high seas are not only one of the major areas of the world's ocean, but also a source of many lucrative resources, which may be used by all states, whether coastal or landlocked , under the freedom of the high seas which is a general principle of international law. Ships on the high seas are, subject to the exclusive jurisdiction of the state whose flag they lawfully fly art 91 unclos - 'nationality of vessels' 'every state shall fix the conditions for the grant of its nationality to ships, for the registration of ships in its territory and for the right to fly its flag. On ships on the high seas, jurisdiction is exercised by the flag state (ie, the state whose flag is flown by the particular ship) nevertheless, warships have the right to board a ship that is suspected of engaging in piracy, the slave trade , or unauthorized broadcasting. The meaning of high seas was transformed into treaty rules in the year 1958, when the geneva convention on high seas was adopted the article 1 of geneva convention on high seas states that high seas is that part of the sea that are not included in the territorial sea or in the internal waters of a state.

Because flag state jurisdiction depends on the nationality of the vessel, it may be exercised upon the high seas and within the waters over which a foreign state exercises jurisdiction the granting of nationality to a ship is a matter within the exclusive jurisdiction of the state concerned. Punish piracies and felonies committed on the high seas, and offenses against the law of nations” defining piracy international law13 the international law of piracy is found fall under the exclusive jurisdiction of the ship’s flag state and require the consent of the flag state to be boarded, searched, and detained. Flagged vessels on the high seas pursuant to customary international law: a defense of the proliferation of security initiative supra note 4, art 92 (ships sailing under the flag of one state are subject to that state's exclusive jurisdiction) high seas convention, supra note 7, art 6 (stating the same.

Criminal jurisdiction: territorial jurisdiction france alleged that the flag state of a vessel would have exclusive jurisdiction over offences committed on board the ship in high seas “international law governs relations between independent states we call this subjective territorial jurisdiction. 4 article 9 ships owned or operated by a state and used only on government non-commercial service shall, on the high seas, have complete immunity from the jurisdiction of any state other than the flag state. Flag state jurisdiction is the general rule when vessels are sailing the high seas, nevertheless exceptions to this general rule exist within the law so as to cater to situations where flag state jurisdiction may no longer seem feasible. Start studying law of the sea learn vocabulary, terms, and more with flashcards, games, and other study tools importance of state practice in making of international law maintaining persistent objector status on the high seas or outside any state's jurisdiction, any state may seize a pirate ship/aircraft or ship/aircraft taken by.

The chapter uses ‘port state’ in a broad sense, encompassing jurisdiction over the port's own maritime zones (in its capacity as coastal state) as well as over the high seas and the maritime zones of other coastal states. 2002] coastal jurisdiction over foreign vessels 29 this diminution of freedom is the coastal state seeking to assert control over maritime areas and resources. State, the current international maritime legal regime is paradoxically ordered around a system of presenting the background of the law of the high seas, unclos, and flags of convenience and equal lack of territorial jurisdiction17 iii the international legal regime the united nations convention on the law of the seas. The development of high seas fisheries regulations a challenge to state jurisdiction or is it a limited universal jurisdiction through agreed arrangement among parties concerned a challenge to the flag state principle on the high seas in customary international law 16 observations on b&i. Since the collision occurred on the high seas, france claimed that the state whose flag the vessel flew had exclusive jurisdiction over the matter france proffered case law, through which it attempted to show at least state practice in support of its position.

Law on international waters article 4 states that, every state has the right to sail ships under its flag on the high seas and article 6(1) states that when ships sail under the flag a state, they shall be subject to its exclusive jurisdiction on the high seas article 11(3) states that, no arrest or detention of the ship, even as a. The rule whereby, exceptions applying, a ship on the high seas is subject only to the jurisdiction of the flag state, ie that state permitting it the right to sail under its flag (see flag of convenience. The contiguous zone is an intermediary zone between the territorial sea and the high seas extending enforcement jurisdiction of the coastal state to a maximum of 24 nautical miles from baselines. 1 according to customary international law , codified in arts 87 and 89 un convention on the law of the sea , the high seas are open to all states, and no state may validly purport to subject any part of the high seas to its sovereignty.

  • Warships on the high seas have complete immunity from the jurisdiction of any state other than the flag state article96 immunity of ships used only on government non-commercial service.
  • B) the effects doctrine serves to confer jurisdiction on the state which has an effective link with the harmful conduct c) the effects doctrine serves to confer jurisdiction on the state sharing the nationality of the offender a) it is jurisdiction based on the nationality of the offender b) it is.

The flag state has complete jurisdiction over the ship when on high seas the nationality of ships: every ship shall fix the conditions for the grant of its nationality to ships, for the registration of ships in its territory and for the right to fly its flag. Ships shall sail under the flag of one state only and, save in exceptional cases expressly provided for in international treaties or in this convention, shall be subject to its exclusive jurisdiction on the high seas. Ships sailing the high seas are generally under the jurisdiction of the flag state (if there is one) however, when a ship is involved in certain criminal acts, such as piracy, any nation can exercise jurisdiction under the doctrine of universal jurisdiction. Flag state jurisdiction on the high seas international law essay print this principle limits the freedom of the high seas and represents an exception to the exclusive jurisdiction of the flag state on the high seas, since it makes it possible for the coastal state to follow and seize a ship registered in another flag state and in this way.

flag state jurisdiction on the high seas international law essay The convention on the high seas to which the united states is a party, purports to give the flag state exclusive jurisdiction over its vessels on the high seas however, the convention has been held not to be self-executing with the result that it does not confer on defendants the right to complain of arrests, searches and seizures made without.
Flag state jurisdiction on the high seas international law essay
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