Possible actions against vessels flying the flag States not meeting the criteriafor flag State performance

摘要

It is a fundamental principle of international law that States are obliged to comply with their international obligations. Assessing flag State performance is a necessary element in determining whether flag States are complying with their international obligations and in determining what actions may be taken by other States in response to failures to comply with those obligations. However, assessing flag State performance for the purpose of determining legal consequences against States and their vessels requires objective assessment processes that comply with the requirements of due process. This paper discusses possible structures for assessment processes and then considers what actions may be taken, in what circumstances and by whom against States or vessels of States which fail to comply with the international obligations incumbent on flag States.