ROLES OF FLAG STATE & PORT STATE IN ENSURING LEGAL

COMPLIANCE
The flag state of a commercial vessel is the state under whose
laws the vessel is registered or licensed. The ship flies the flag
of the country where it is registered and the port of registry
will be marked on the stern. The ship will comply with the
legislation of that flag state. On the high seas, flag states hold
sole jurisdiction over oceangoing vessels. With the registration
of the ship, that ship will receive a call sign and a radio station
license.

As when the flag state ratifies a convention, the requirements

will have to be fully implemented on the ships that fly its flag.
Sometimes the legislation from a flag is far stricter than the
requirements of a convention.

The ships will be surveyed and certified by the Flag State

administration or by a Classification Society on their behalf.
Also, the tax implication for the ships and their personnel will
be as per the laws of the flag state and thus different from
ships of other flag states.

Port state control is the inspection of foreign ships in national

ports to verify that the condition of the ships and their
equipment comply with the requirements of international
conventions and that the ship is manned and operated in
compliance with these rules.

The same officers who administer and function as Flag State

inspectors on ships flying their own flag will serve as Port State
inspectors on foreign ships calling in their ports. They will insist
on foreign flag ships complying with all international
regulations and in case the flag of a foreign ship has not
ratified a particular convention, will insist on sighting at least
a certificate of compliance issued by or on behalf of the foreign
ship’s flag administration.

The SOLAS Convention contains provisions that have helped to

define the roles of port and flag state. The Convention
specifies procedures that should be followed with regards to
verification of vessel certificates, detention of vessels, and
reporting of interventions. It focuses on the port state's power
to intervene; however, it also provides the warning that:
"When exercising control under this regulation, all possible
efforts shall be made to avoid a ship being unduly detained or
delayed”.