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I.

Intended Learning Outcomes (ILO)


At the end of the discussion, the cadets should be
able to:
• Explains that the operation of a ship is governed
by the national laws and regulations of the flag
State, including those laws and regulations
giving effect to international conventions
In maritime law, the principle that the operation of a ship is
governed by the national laws and regulations of the flag State,
including those laws and regulations giving effect to international
conventions, is commonly referred to as the principle of flag State
jurisdiction.
This principle asserts that every ship is subject to the laws and
regulations of the country whose flag it flies, known as the flag
State. The flag State has the authority to regulate various aspects
of the ship's operation, including safety standards, crewing
requirements, environmental protection measures, and
compliance with international conventions.
Key aspects of this principle include:

1. Flag State Jurisdiction: The flag State has exclusive jurisdiction


over its flagged vessels, both while they are in its territorial waters
and on the high seas.

2. International Conventions: Flag States are responsible for


implementing and enforcing international conventions related to
shipping and maritime affairs within their jurisdiction. This
includes conventions established by international organizations
such as the International Maritime Organization (IMO).
3. National Legislation: Flag States enact domestic laws and
regulations to ensure compliance with international standards and to
address specific maritime issues within their territory.

4. Ship Registration: Vessels register under the flag of a specific


State, subjecting them to the laws and regulations of that State. The
choice of flag can have implications for issues such as taxation,
liability, and regulatory requirements.
5. Flag State Control and Enforcement: Flag States are responsible for
conducting inspections, audits, and surveys to ensure that vessels
flying their flag comply with applicable laws and regulations. They
may also take enforcement actions against non-compliant vessels,
such as detention or deregistration.
I. Intended Learning Outcomes (ILO)
At the end of the discussion, the cadets should be
able to:
• Explain the differences of detail usually exist in
the national laws of different states
implementing the same convention
In maritime law, it is recognized that differences in detail often exist
in the national laws of different states when implementing the same
international convention. This is due to several reasons inherent in
the legal and regulatory systems of individual countries:

1. Sovereignty and Legal Systems: Each state has sovereignty


over its legal system and may incorporate international
maritime conventions into its national laws according to its
legal traditions, procedures, and preferences. This can lead to
variations in the way convention provisions are interpreted and
applied.
2. National Legislative Processes: The process of incorporating
international maritime conventions into national laws varies among
states. Some may adopt conventions directly into domestic
legislation, while others may require parliamentary approval,
administrative regulations, or judicial interpretation, resulting in
differences in implementation details.

3. Policy Considerations: States may have different policy objectives,


interests, and priorities when implementing international maritime
conventions. As a result, they may introduce additional provisions,
exemptions, or modifications to address specific national
circumstances, industries, or concerns
I. Intended Learning Outcomes (ILO)
At the end of the discussion, the cadets should be
able to:
• Explain that when serving in a ship flying a
foreign flag, it is essential that the master and
chief mate familiarize themselves with the laws
and regulations of the flag State
Emphasizes the importance of the master and chief mate of a
ship flying a foreign flag to acquaint themselves with the laws
and regulations of the flag State. This ensures compliance with
the legal requirements and standards set by the country whose
flag the ship is registered under. It underscores the responsibility
of the ship's officers to operate in accordance with the rules and
regulations of the flag State to maintain safety, security, and legal
compliance while navigating international waters.
I. Intended Learning Outcomes (ILO)
At the end of the discussion, the cadets should be
able to:
• Explain that, when in port, a ship must also
comply with the appropriate laws and
regulations of the port State
The requirement for a ship to adhere to the laws and regulations of
the port State while it is in port. This includes complying with
various local regulations related to port operations, environmental
protection, safety protocols, customs procedures, and other
relevant laws. Ensuring compliance with the port State's
regulations is essential for maintaining good relations with local
authorities, promoting safety and security in port operations, and
avoiding potential penalties or legal issues.
I. Intended Learning Outcomes (ILO)
At the end of the discussion, the cadets should be
able to:
• Decribes the importance of keeping up to date
with developments in new and amended
legislation.
The significance of staying informed about new and revised
legislation in the maritime industry. This involves regularly
monitoring updates and changes to laws, regulations, and
conventions that govern maritime operations. By keeping
abreast of these developments, ship owners, operators, and
crew members can ensure that their vessels remain in
compliance with the latest legal requirements. Staying up to
date with legislation helps to promote safety, environmental
protection, and efficiency in maritime activities, while also
minimizing the risk of legal liabilities and penalties.

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