FLAG

STATES
a. Lourisa Loren C. de Guzman-Tumpang
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 FLAG STATES

WHO HAS JURISDICTION

OVER SHIPS THAT PLY
INTERNATIONAL
WATERS?
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 FLAG STATES

Each ship has its own nationality

Nationality of ships plying
international waters may be different
from the nationality of its owner
Once the ship has its nationality, it is
bound to comply with the law of its
Flag state and is subjected to be
regularly inspected
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 FLAG STATES

Flag State
country where a vessel is registered
has jurisdiction over ships flying its
flag
has the authority and responsibility to
enforce regulations over vessels
registered under its flag, including
those relating to inspection,
a. Lourisa Lorencertification,
C. de Guzman-Tumpang and issuance of safety
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 FLAG STATES

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 FLAG STATES

Flag State (UNCLOS)

Any country can be a Flag State (Art.
90)
In addition to international
requirements, the Flag State may
establish its own requirements in
order for a vessel to be registered
under its flag (Art. 91)
March 2017 Ships have the nationality of her flag
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 FLAG STATES

Duties of the Flag State (Art. 94)

1. Every State shall effectively
exercise its jurisdiction and control
in administrative, technical and
social matters over ships flying its
flag.

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 FLAG STATES
Duties of the Flag State (Art. 94)
2. In particular every State shall:
(a) maintain a register of ships containing the
names and particulars of ships flying its flag,
except those which are excluded from
generally accepted international regulations
on account of their small size; and
(b) Assume jurisdiction under its internal law
over each ship flying its flag and its master,
officers and crew in respect of
a. Lourisa Loren C.administrative,
de Guzman-Tumpang technical and social matters
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 SHIPPING STATISTICS AND MARKET REVIEW 2016
FLAG STATES Analytical Focus Volume 60 - No. 11

a. Lourisa Loren C. de Guzman-Tumpang

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 FLAG STATES

a. Lourisa Loren C. de Guzman-Tumpang SHIPPING STATISTICS AND MARKET

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March 2017 REVIEW 2016
 FLAG STATES

Flag States shall conduct surveys and

inspections at regular intervals to
ensure that
vessels conform with international
and national maritime laws in order
to ensure the safe navigation of
ships
officers and crew onboard are
March 2017
competent, qualified
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 FLAG STATES
Duties of the Flag State (Art. 94)
3. Every State shall take such measures 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 ships;
(b)the manning of ships, labour conditions and
the
training of crews, taking into account the
applicable
international instruments;
a. Lourisa Loren C. de Guzman-Tumpang
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 FLAG STATES

Duties of the Flag State (Art. 94)

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 the flag State. Upon receiving such a
report, the flag State shall investigate the
matter .

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 FLAG STATES

Duties of the Flag State (Art. 94)

7. Each State shall cause an inquiry to be held
by or before a suitably qualified person or
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 serious injury to
nationals of another State or serious damage to
ships or installations of another State or to the
marine environment. The flag State and the other
State shall cooperate in the conduct of any
inquiry
a. Lourisa Loren held by that other State into any such
C. de Guzman-Tumpang
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 FLAG STATES
Art. 211 Pollution from Vessels
1. States, acting through the competent
international organization or general diplomatic
conference, shall establish international rules and
standards to prevent, reduce and control pollution
of the marine environment from vessels and
promote the adoption, in the same manner,
wherever appropriate, of routeing systems
designed to minimize the threat of accidents which
might cause pollution of the marine environment,
including the coastline, and pollution damage to
a. Lourisa Loren C. de Guzman-Tumpang
March 2017the related interests of coastal States. Such rules
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 FLAG STATES
Art. 211
laws and regulations for the
prevention, reduction and control of
pollution of the marine environment
from vessels flying their flag
Established particular requirements
on prevention, reduction, and
control of pollution of the marine
environment shall be communicated
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 FLAG STATES

Art. 211 Pollution from Vessels

4. Coastal States may, in the exercise of their
sovereignty within their territorial sea, adopt
laws and regulations for the prevention,
reduction and control of marine pollution from
foreign vessels, including vessels exercising the
right of innocent passage.

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 FLAG STATES

Art. 211 Pollution from Vessels

4. Coastal States may, in the exercise of their
sovereignty within their territorial sea, adopt
laws and regulations for the prevention,
reduction and control of marine pollution from
foreign vessels, including vessels exercising the
right of innocent passage.

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 FLAG STATES
Art. 217 Enforcement by Flag
States
Ensure compliance with applicable in
ternational rules and standards with
regard to the prevention, reduction
and control of maritime pollution
Take appropriate measures to
ensure that their vessels are
prohibited from sailing until they are
a. Lourisa Loren C.in compliance
de Guzman-Tumpang with international
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 FLAG STATES

Art. 217 Enforcement by Flag

States
Ensure that vessels carry onboard
necessary certificates required by
international rules and standards
Shall conduct investigation and if
needed, institute proceedings with
regard to alleged committed
a. Lourisa Loren C.violations
de Guzman-Tumpang of internationally-
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 FLAG STATES
Art. 217 Enforcement by Flag States
Flag States conducting investigation may
request for assistance from anther state
At the written request of another state,
Flag State shall investigate any violation
alleged to have been committed by a ship
flying its flag
Flag states shall promptly inform the
requesting state and the IMO of the
outcome of the investigation
C.Penalties
a. Lourisa Loren imposed by Flag States shall be
de Guzman-Tumpang
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 FLAG STATES

Philippine Flag State

Maritime Industry Authority (MARINA)
Philippine government agency under
the Department of Transportation
responsible for integrating the
development, promotion and
regulation of the maritime industry in
the Philippines
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 FLAG STATES
SUMMARY
A ship needs to belong to a certain country. This
is known as the NATIONALITY of the vessel, or the
FLAG of the vessel
By registering the vessel in a certain country, the
owner of the vessel undertakes to follow the local
shipping law of the country which is in keeping
with international rules and standards
The Administrating Countries have their vessels
inspected from time to time at regular intervals
and verify that the vessels conform with
applicable rules
a. Lourisa Loren C. de Guzman-Tumpang
and standards
March 2017 This type of an inspection is called FLAG STATE 23
 FLAG STATES
OBJECTIVES OF FLAG STATE INSPECTIONS
Verify that actual condition of registered ships
conform to applicable international rules and
standards. The scope of the verification includes
but not limited to:
Hull, equipment and manning;
Safety management; and
Security systems
Ensure that the ships crew can effectively:
Coordinate their activities in an emergency
situation;
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Perform functions vital to safety; and
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 FLAG STATES

THANK
YOU

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