ENFORCEMENT OF REGULATIONS BY FLAG STATE UNDER UNCLOS

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ENFORCEMENT BY FLAG STATE:-
       It is described in article 217 of UNCLOS.

  • Every state must ensure that vessels flying their flag must comply with the international laws and must adopt regulations to ensure their compliance.
  • State must take appropriate measures to ensure that all vessels flying their flags are prohibited from sailing unless they are complying with international rules and standards.
  • State must ensure all vessels flying their flag are carrying on board all certificates as per international requirement and must ensure periodical inspection of ships to ensure conformity of these certificates with actual conditions on board. These certificates shall be accepted by other states unless they have clear grounds for believing that the condition of the vessel does not correspond substantially with the particulars of the certificate.
  • if a vessel commits a violation of international rules and standards, the flag state must provide for immediate investigation.
  • Flag state conducting investigation of violation, may request assistance of any other state, whose co-operation could be useful in clarifying the circumstances of the case.
  • State must, at written request of any state, investigate any violation committed by the vessel flying its flag.
  • States must be prompt in responding to any request for information by any other flag state.
  • flag state must fix adequate penalty for any vessel which violates the law. The penalty must be adequate in severity, to discourage future violation.

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