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:: Volume 12, Issue 47 (2021) ::
joc 2021, 12(47): 1-11 Back to browse issues page
International Obligations of the Flag State in Utilization of the Living Resources in the High Sea and the Exclusive Economic Zone
Javad Salehi *
Associate Professor of Law, Faculty of Social Sciences, Payam-e-Noor University, Tehran, Iran , Javadsalehi@pnu.ac.ir
Abstract:   (1263 Views)
Background and Theoretical Foundations: International obligations of the Flag State for the unauthorized utilization of its Flag Ship from the marine resources of the Exclusive Economic Zone of the Coastal State or the High Sea is one of the new issues in the Area of international responsibility law. At the same time, in accordance with the provisions of the Draft State Responsibility, the Flag State has international liability for violations of its Flag Ship. However, this theory fails due to the non-compliance of some of the international liability requirements in the Area of the law of the sea.
Methodology: The research method is descriptive-analytical and critical, has innovations and comparative achievements. An examination of the various dimensions of this situation is intended to answer a question in this article which is important. The main question of the research is what are the international obligations of the Flag State in the utilization of the High Sea and the Exclusive Economic Zone?
Findings: Research findings show that the Flag State is obliged for ensuring that it Flag Ship cooperates with the Coastal State about the Exclusive Economic Zone’s management and conservation programs. In addition, the Flag State has to collaborate with the Coastal State and the Regional Fisheries Organizations to maintain marine living resources in the Exclusive Economic Zone and the High Sea.
Conclusion: Unauthorized exploitation of aquatic resources is carried out by natural and legal persons. These persons are subject to Article 62(4) of the Convention on the Law of the Sea, which stipulates that national of other states must take the necessary measures to protect natural resources in accordance with the laws and regulations of the Coastal State in order to exploit fish in the Exclusive Economic Zone of the Coastal State or the High Seas. In these circumstances, the conduct of natural and legal persons is contrary to the regulations under the jurisdiction of the Flag State does not attributed to that state. The Flag State is not responsible for the illegal actions of the Flag Ship in the illegal exploitation of fish in the Exclusive Economic Zone of the Coastal State or the High Seas. At the same time, the obligations of the Flag State to oblige the ship carrying its flag to comply with international regulations do not create liability for the illegal actions of the said ship, but this method of regulation is also not conducive to the development of relations between the Coastal States and other states in the exploitation of their surplus sea resources. This is because the Flag State is not responsible for compensating the damage caused by the Flag Ship under the above conditions. This inference is supported by the application of the International Tribunal for the Law of the Sea’s advisory theory, which implies a lack of absolute responsibility for the Flag State under these circumstances, and the entire responsibility lies with the offending ship, the master and the ship owner, assuming non-compliance with fishing regulations. Therefore, the Coastal State or the Regional Fisheries Organization can in this case sue the master responsibility or the owner of the ship for not complying with the requirements related to fishing in the exclusive economic zone.
Keywords: International Responsibility, Marine Living Resources, Flag State, Coastal State, High Sea, Exclusive Economic Zone.
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Type of Study: Research/ Original/ Regular Article | Subject: Law of the Sea
Received: 2020/10/11 | Revised: 2022/03/9 | Accepted: 2021/08/23 | ePublished: 2021/10/7



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Salehi J. International Obligations of the Flag State in Utilization of the Living Resources in the High Sea and the Exclusive Economic Zone. joc 2021; 12 (47) :1-11
URL: http://joc.inio.ac.ir/article-1-1595-en.html


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Volume 12, Issue 47 (2021) Back to browse issues page
نشریه علمی پژوهشی اقیانوس شناسی Journal of Oceanography
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