DUTIES OF FLAG STATE UNDER UNCLOS
Duties of flag state is explained in article 94 of UNCLOS. It makes clear that the right of owning a ship ( flying the flag of a country) makes the ship a part of the states national property. It also entails duties and responsibilities.
1) Every state shall effectively exercise its jurisdiction and control in administrative, technical and social matters over ships flying its flag.
2) In particular every state shall:-
a) Maintain a register of ships flying its flag with details except those who are excluded from international regulation on account of their small size.
b) Assume jurisdiction under its internal law over each ship flying its flag and its master, officers and crew in respect of administration, technical and social matters.
3) Every state shall take such measure for ships flying its flag as are necessary to ensure safety at sea with regard, inter alia to:-
a) The construction, equipment,and seaworthiness of ship.
b) The manning of ships, labor conditions, and the training of crews, taking into account the applicable international instruments.
c) The use of signals, the maintenance of communication and the prevention of collision.
4) Such measures shall include these necessary to ensure:-
a) That each ship, before registration and thereafter at appropriate intervals, is surveyed by a qualified surveyor of ships and has on board such charts, nautical publications and navigational equipment and instruments for safe navigation.
b) that each ship is in the charge of master, and officers who possess appropriate qualifications, in particular in seamanship navigation, communications and marine engineering.
c) that the master, officers and to some extent appropriate the crew are fully conversant with international regulation concerning safety of life at sea, marine pollution, prevention of collision and maintenance of communication of radio.
5) In taking the measures called for in para (3) and (4) each state is required to conform to generally accepted international regulations, procedures and practices and to take any step which may be necessary to secure their observance.
6) A state which has clear grounds to believe that proper jurisdiction and control with respect to a ship have not been exercised may report the facts to flag state, which in turn should take remedy actions.
7) Each state shall cause an inquiry to be held by a suitably qualified person/ persons into every marine casualty or incident of navigation on the high seas involving a ship flying its flag and causing loss of life or any other incident involving another state or marine environment.
1) Every state shall effectively exercise its jurisdiction and control in administrative, technical and social matters over ships flying its flag.
2) In particular every state shall:-
a) Maintain a register of ships flying its flag with details except those who are excluded from international regulation on account of their small size.
b) Assume jurisdiction under its internal law over each ship flying its flag and its master, officers and crew in respect of administration, technical and social matters.
3) Every state shall take such measure for ships flying its flag as are necessary to ensure safety at sea with regard, inter alia to:-
a) The construction, equipment,and seaworthiness of ship.
b) The manning of ships, labor conditions, and the training of crews, taking into account the applicable international instruments.
c) The use of signals, the maintenance of communication and the prevention of collision.
4) Such measures shall include these necessary to ensure:-
a) That each ship, before registration and thereafter at appropriate intervals, is surveyed by a qualified surveyor of ships and has on board such charts, nautical publications and navigational equipment and instruments for safe navigation.
b) that each ship is in the charge of master, and officers who possess appropriate qualifications, in particular in seamanship navigation, communications and marine engineering.
c) that the master, officers and to some extent appropriate the crew are fully conversant with international regulation concerning safety of life at sea, marine pollution, prevention of collision and maintenance of communication of radio.
5) In taking the measures called for in para (3) and (4) each state is required to conform to generally accepted international regulations, procedures and practices and to take any step which may be necessary to secure their observance.
6) A state which has clear grounds to believe that proper jurisdiction and control with respect to a ship have not been exercised may report the facts to flag state, which in turn should take remedy actions.
7) Each state shall cause an inquiry to be held by a suitably qualified person/ persons into every marine casualty or incident of navigation on the high seas involving a ship flying its flag and causing loss of life or any other incident involving another state or marine environment.
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