Flag State Authority refers to the government or administration of a country under whose flag a ship is registered. The flag state has legal authority and responsibility for enforcing regulations and ensuring compliance with international maritime standards on vessels registered under its flag

Authority and jurisdiction over vessels on the high seas primarily lie with the State whose flag they fly, as outlined in international law.

Generally, no other State can claim jurisdiction over foreign ships on the high seas, except for specific circumstances defined by international regulations.

Here’s a notable case involving the M/V “Norstar” (Panama v. Italy) in 2019: The International Tribunal of the Sea (ITLOS) rules that Italy’s arrest and detention of the Panamanian-flagged vessel violated Article 87(1) of the 1982 UN Convention on the Law of the Sea (UNCLOS).

This decision emphasises the principle of freedom of navigation on international waters And it highlights the exclusive jurisdiction of the flag State over its vessels on the high seas.

Article 87 of UNCLOS states that the high seas are open to all States. Aside exceptional cases, no State may exercise jurisdiction over a foreign ship on the high seas.

The freedom of navigation would be illusory if a ship could be subject to the jurisdiction of other States on the high seas.

Exceptions to Flag State Authority

Exceptions to flag State Authority exist, such as the right of visit under Article 110 of the Law of the Sea Convention. This right allows States to inspect foreign vessels under specific circumstances, like suspected piracy or slavery activities.

International treaties and United Nations Security Council resolutions can also provide avenues for enforcement actions against foreign vessels, typically requiring the flag State’s consent.

While the flag State holds exclusive jurisdiction over its vessels at sea, certain exceptions and mechanisms enable other States to take enforcement actions when necessary, ensuring compliance with international laws and regulations.

In summary, flag State jurisdiction grants exclusive authority to the State whose flag a vessel flies over that vessel on the high seas.

Now you may understand the significance of DWM capturing the Title-4 “Stars & Stripes” flag under the noses of the United States of America corporation.

Exceptions to this jurisdiction exist in cases such as suspected illegal activities or when international treaties and resolutions come into play. These exceptions allow other States to take enforcement actions, ensuring compliance with international laws and regulations.