Approach of Coastal State and Flag State in Light of Instruments and Principles of International Law Confronting the Illegal Performance of the Flagship

Abstract

Illegal performance of the flagship is one of the issues discussed in the Convention on the Law of the Sea, for which the guarantee is not enforced. Nevertheless, the capacity of the legal principles and international environmental instruments and the jurisprudence of international authorities is pivotal. Judicial procedure of international authorities also rely on the ‘precautionary principle’ and ‘Due Regard’ of the flag State. The guarantee of cooperation between flag state and flagship with coastal State and the regional fisheries organizations is considered as shared obligations and responsibilities of the parties. However, this approach is a kind of pledge done that is not accompanied by a guarantee of liability for the compensation to the coastal state. However, the coastal state's approach to the denial of the credibility and reputation of the flag State for the illegal operation of its ship is only a guarantee in order to prevent repetition of similar cases in the future.

Keywords

• precautionary principle
• due regard
• convention on the law of the sea
• flag state
• exclusive economic zone