The Inconveniences Related to Flag of Convenience: A Critical Reflection of the Law
- Details
- Category: Derecho marítimo
- Published on Friday, 25 September 2026 14:08
- Written by Administrator2
- Hits: 20
K. A. A. N. Thilakarathna11
Department of Public and International Law, Faculty of Law.
As the high seas are not under the authority of any single state, the principle of exclusive jurisdiction of the flag State governs the activities there and the responsibility of compliance with rules and regulations therein is the responsibility of such States.
While the Article 91 of the United Nations Convention on Law of the Sea of 1981 envisages a genuine link between the ship and the country of its registration, this requirement is not always followed since the the term ‘genuine link’ is not properly defined. Most of the time, registration is done upon convenience than with the existence of a genuine link.
A State who suffers a loss due to non-compliance of a ship registered in a country without a genuine link suffers many inconveniences in enforcing the obligations of the flag State.
Using a doctrinal approach this research endeavors find out as to what inconveniences are caused by the notion of a ‘flag State of convenience’ and how such inconveniences may be overcome.
Results reveal that the global community has not yet adopted a legally binding document to determine the existence of a genuine link.
International courts and tribunals have tried to strike a fair balance between the sovereignty of a country which makes it possible to grant its nationality a ship according to its laws, and to make compliance with such an undertaking through various mechanisms. These have included reporting back on incidents that are complained of by other countries against non-compliance. However, such mechanisms have become futile in certain instances.
Therefore, it is suggested that a proper legal definition be developed concerning “genuine link” to address the issues identified above to alleviate the inconveniences caused by the concept of a ‘flag state of convenience’.
Key Words: Flag of Convenience, Genuine Link, Ocean Governance