Coastal State Jurisdiction

Coastal States have jurisdiction over their maritime zones: the territorial sea, contiguous zone and exclusive economic zone (EEZ) as well as over their continental shelf. This jurisdiction covers the exploration, exploitation, conservation and management of resources found there and any activities taking place within these zones.

Coastal States must allow ships of all States to pass through their waters as long as the passage is innocent (article 19 of UNCLOS provides a list of activities, such as fishing, pollution or military activities, which are classed as being contrary to innocent passage). The coastal State may take necessary steps in its territorial sea to prevent passage which is not innocent. In its EEZ, the coastal State may take measures (including boarding, inspection, arrest and judicial proceedings) to ensure compliance with the laws and regulations adopted by it relating to the exercise of its sovereign rights to explore, exploit, conserve and manage the living resources in this zone.

Flag State Jurisdiction

Every commercial or merchant vessel that operates internationally or crosses international borders must be registered with and carry the flag of that State. The vessel is subject to the law of its flag State, coming under this State’s jurisdiction except when docked in a port.

UNCLOS stipulates that every State “shall effectively exercise its jurisdiction and control in administrative, technical and social matters over ships flying its flag” (article 94) and so provides a legal framework for the duties of the flag State which are laid down in the regulations established by the International Maritime Organization. These concern not only the construction, equipment, safety and seaworthiness of the ship but also the manning of ships, labour conditions and the qualifications and training of master, officers and crew to ensure the safety of life at sea, the prevention of collisions, the prevention, reduction and control of marine pollution, and the maintenance of communications by radio. Each ship must be surveyed by the flag State on a regular basis to ensure that it conforms with IMO regulations.

Port State Jurisdiction

When a ship is in a port it falls under the jurisdiction of the port State. The port State can carry out inspections of ships to ensure that the conditions and equipment on board comply with the requirements of international regulations and that the ship is manned and operated in compliance with these rules. The primary responsibility for ships' standards lies with the flag State but port State control provides a ‘safety net’ to catch ships in contravention of IMO standards, those not in compliance with International Labour Organization (ILO) labour conditions or carrying goods in contravention of international agreements such as the Food and Agricultural Organization’s (FAO) Port State Measures Agreement to fight IUU fisheries (PSMA). This is a good example of how port State jurisdiction is working well: the PSMA requires States to confirm the place of registration of all foreign vessels in port, check for illegal catches and, if necessary, confiscate catches and even vessels.