Legal Implications of Flag State in Perspective to Doctrine of State Responsibility in Cases of Ship Source Marine Pollution under International Maritime Law

Abstract

This article examines the international law doctrine of state responsibility in the context of flag state of a polluting ship, the state under whose laws a ship is registered. Central to the discussion is the theory of extending a flag state’s territory to encompass its registered vessels, a theory which posits that a ship’s actions could implicate the responsibilities of a flag state. The article explores how a ship’s nationality and the flag state’s responsibilities intersect in international maritime law, particularly regarding the prevention and handling of ship-source marine pollution. The primary question is the applicability and extent of the flag state territory extension theory in cases where ship source marine pollution causes harm to persons or property of other states in reference to Article 235 of the United Nations Convention on the Law of the Sea (UNCLOS).The conclusion suggests that, while the theory of extension of territory to its ships has limitations and faces scholarly criticism, it offers potential advantages to affected parties and states, especially in scenarios where other relief mechanisms may not effectively work. The theory could thus serve as an additional pathway for remedy in cases of ship source marine pollution.