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The principle of exclusive jurisdiction of the flag state in international maritime law grants a ship's flag state sole authority over that vessel on the high seas. This jurisdiction is upheld unless exceptions apply, such as piracy or slave trade, as outlined in the United Nations Convention on the Law of the Sea. Notable cases like M/V Siaga and the Lotus case reinforce the flag state's exclusive rights while acknowledging certain limitations.

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17 views1 page

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The principle of exclusive jurisdiction of the flag state in international maritime law grants a ship's flag state sole authority over that vessel on the high seas. This jurisdiction is upheld unless exceptions apply, such as piracy or slave trade, as outlined in the United Nations Convention on the Law of the Sea. Notable cases like M/V Siaga and the Lotus case reinforce the flag state's exclusive rights while acknowledging certain limitations.

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sinat
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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4.

Exclusive jurisdiction of flag state, this is a principle of international maritime law that grant
a ship's flag state exclusive jurisdiction over that ship and it's members.It mean that a ship on
the high seas is subject only to the jurisdiction of the state whose fl any other ship may
intervene, arrest or insipect that ship as per article 92 1it provide that ship shall sail under the
flag of one state only and are subject to it's exclusive jurisdiction on the high seas.Also in the
case of M/V siaga2.ITLOS ruled that guinea violated international law by arguing that only a flag
state had jurisdiction unless their is valid exception, again in lotus case3 PCIJ introduced the
principal which state that sovereignty allow state to exercise jurisdiction because international
law does not prohibit state from asserting jurisdiction unless forbidden . However their some
exception where by this exclusive jurisdiction may intervened when ship is engaged in piracy,
slave trade, mutual agreement or treat as provided under article 1104

1
United nation conversation on the law of the sea

2
(1999) No 2

3
(1927)

4
United Nation convention on the law of the sea

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