How stateless vessels challenge maritime order under UNCLOS?
By Argenis Rodriguez, maritime lawyer Part 2 While international law clearly establishes the obligation for vessels to have a nationality, it remains largely silent on the legal consequences faced by ships that fail to meet this fundamental requirement. It is no surprise that neither UNCLOS, nor the rest of the rules of public international law, expressly address the possible legal consequences to which a ship sailing without a flag may be subject. Anderson illustrates this plainly: “The international law of the sea is conspicuously silent on the issue of stateless vessels, because the entire legal regime of the high seas is predicated on the assumption that every vessel has a nationality. The possession of a nationality is so essential to a vessel engaged in legitimate trade that many commentators simply could not envision a vessel not being properly registered in some country.” The United Nations Office on Drugs and Crime (UNODC) states that there is no clear answer to the question whether the boarding State can assert jurisdiction over a stateless vessel, in accordance with international law. There are two main positions regarding this matter: “(a) Some States may determine that they can, in effect, treat the vessel as one … Continue reading How stateless vessels challenge maritime order under UNCLOS?
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