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| 1 |
ID:
158404
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| Summary/Abstract |
With the increasing emergence of substandard ships sailing under the flag state's ineffective control and the growing number of accidents that negatively affect the marine environment and the maritime order, port states, coastal states, and international organizations have begun to develop new regimes to increase their control over ships. As a result, the authority of flag states is increasingly being challenged, seemingly calling into question the primary jurisdiction and control of flag states over their ships. The aim of this article is to promote a better understanding of the relationship between flag state, coastal state, and port state control.
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| 2 |
ID:
181403
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| Summary/Abstract |
The COVID-19 pandemic has exposed additional weaknesses of the already troubling “flag of convenience” practices under international law; the passenger cruise industry was especially impacted. Most cruise ships under distress from the pandemic received little aid from their flag states, and many vessels were denied entry into ports of nonflag states (regardless of whether an outbreak had been documented onboard). States and vessels lacked clear guidance around their rights and responsibilities under the extraordinary circumstances, resulting in a less efficient response to a dangerous situation. This article reviews the current status of international law concerning port and flag state duties to distressed vessels, and suggests the creation of flag state medical liability to help clarify decision-making during future health crises.
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| 3 |
ID:
163090
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| Summary/Abstract |
Since 2003, the Proliferation Security Initiative (PSI) has grown from a small collection of like-minded states into a widely accepted, and increasingly institutionalized, counterproliferation effort. However, while the PSI has evolved, the literature around it has stagnated—and disserves ongoing debate by adopting a framework that is both ahistorical and binary. Building on the author’s 2007 paper, this article assesses the past 15 years’ critiques, and argues that the PSI paradoxically reinforces our prevailingly mare liberum regime at the same time that it challenges established navigational freedoms such as the right of innocent passage.
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| 4 |
ID:
139199
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| Summary/Abstract |
In response to the increasing employment of Privately Contracted Armed Security Personnel (PCASP) to protect vessels against pirate attacks, some flag states introduced new regulations that allow the use of PCASP. The introduction of these new regulations was at least in part an attempt to (re)establish state control of violence. This article provides the background and theoretical framework for this special issue, which discusses how states with national registers approached the regulation of PCASP. Summarizing its major findings, the article concludes that even when states attempted to govern the use of PCASP, operational difficulties resulted in significant shortcomings in state control.
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