Duties of Flag States to Implement and Enforce International Standards and Regulations – And Measures to Counter Their Failure to Do So

Abstract

The article investigates the duties of flag States to implement and enforce international standards and regulations. Two related but still distinct topis are treated: General duties of flag States (applicable especially to merchant vessels) and duties concerning fishing vessels. After scrutinising the reasons for inadequate flag State implementation and enforcement, the author discusses possible counter measures of non-flag States. The article notably evaluates systems of Port State Control and possibilities of non-flag States to enforce RFMO regulations and other fishing vessel responsibilities against non-member vessels. Finally, possible consequences against the flag State itself as opposed to merely its vessels are examined and if it is permissible to non-recognise a vessel’s flag in case the flag State consistently violates its duties to control its vessels.