Please use this identifier to cite or link to this item: https://doi.org/10.1163/15718085-12341410
Title: The Exclusive Jurisdiction of Flag States: A Limitation on Pro-active Port States?
Authors: Honniball, AN 
Issue Date: 1-Jan-2016
Publisher: Brill Nijhoff
Citation: Honniball, AN (2016-01-01). The Exclusive Jurisdiction of Flag States: A Limitation on Pro-active Port States?. International Journal of Marine and Coastal Law 31 (3) : 499-530. ScholarBank@NUS Repository. https://doi.org/10.1163/15718085-12341410
Abstract: © 2016 Arron N. Honniball. The loosely phrased, and undefined, 'exclusive flag state jurisdiction' principle of the United Nations Law of the Sea Convention Article 92, has arguably proved to be a red herring for states and academia, in its being raised as a limiting factor to extra-territorial prescription by non-flag states. This has extended to port state jurisdiction discussions, and was raised by analogy for aircraft, before the European Court of Justice, in relation to the limits of jurisdiction over high seas overflight. This paper argues for a limited scope to the term 'jurisdiction' in Article 92. It concludes that far from being a limiting factor, the principle of flag state exclusivity is solely concerned with the enforcement jurisdiction of states on the high seas. The increasing use of port state prescriptive jurisdiction, particularly those practices with extra-territorial effect, provides further evidence that this is the correct interpretation.
Source Title: International Journal of Marine and Coastal Law
URI: https://scholarbank.nus.edu.sg/handle/10635/168861
ISSN: 09273522
15718085
DOI: 10.1163/15718085-12341410
Appears in Collections:Staff Publications
Elements

Show full item record
Files in This Item:
File Description SizeFormatAccess SettingsVersion 
The Exclusive Jurisdiction of Flag States - A Limitation on Pro-active Port States.pdfPublished version580.75 kBAdobe PDF

OPEN

PublishedView/Download

Page view(s)

38
checked on Sep 24, 2020

Download(s)

1
checked on Sep 24, 2020

Google ScholarTM

Check

Altmetric


Items in DSpace are protected by copyright, with all rights reserved, unless otherwise indicated.