Tag Archives: Flag States

2014

Responsibility for Human Rights Violations Arising from the Use of Privately Contracted Armed Security Personnel against Piracy. Re-Emphasizing the Primary Role and Obligations of Flag States

Jessica N.M. Schechinger

Maritime piracy is an ancient problem that harms, either directly or indirectly, many states as well as non-state actors. Although the law on piracy seems in principle adequately equipped to deal with the problem, states have not been able to … Read more

17 November 2014

UNSC calls on member states to fight against piracy off the coast of Somalia

On 12 November the United Nations Security Council adopted a resolution renewing its call on states and regional organisations to adopt counter-piracy measures off the coast of Somalia. Acting under Chapter VII of the UN Charter, the Security Council reaffirmed its condemnation of piracy and robbery and called on the international community to intensify efforts in fighting a “threat to the East African country’s stability” through the provision a military presence, and seizing and disposing of vessels, arms and related equipment. (more…)

Source: UN News Centre | Somalia: Security Council urges Member States to strengthen efforts against piracy

30 May 2013

State Responsibility and Flag State Duties

Symposium on the Law of the Sea and the Law of Responsibility, cross-posted on Opinio Juris

Sovereign nations have the right to extend their nationality to non-state actors who agree to adhere to national laws. But is there any broader international state responsibility associated with the granting of flag state status to known problematic non-state actors? Take the example of the South Korean flagged F/V Premier. This vessel licensed to the Dongwon company, the parent company of Starkist Tuna, was recently accused by Liberia of illegal fishing in the coastal waters of Liberia. In April, the Dongwon company settled with the government of Liberia for somewhere between one million and two million dollars. An interesting question has arisen over whether the government of Korea now has the obligation to list the F/V Premier as an Illegal, Unreported and Unregulated fishing vessel which would mean that the vessel would not be permitted to operate in regional fishery management areas such as those regulated by the Indian Ocean Tuna Commission. (more…)

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