Section 126p. 126

PUBLIC INTERNATIONAL LAW COMPENDIUM VOLUME I

State,

and

may

be

assimilated

to

a

ship

without

nationality.

Article 93. Ships flying the flag of the United Nations, its

specialized

agencies

and

the

International

Atomic

Energy Agency

The preceding articles do not prejudice the question of

ships employed on the official service of the United

Nations, its specialized agencies or the International

Atomic Energy Agency, flying the flag of the organization.

Article 94. Duties of the flag State

1. Every State shall effectively exercise its jurisdiction and

control in administrative, technical and social matters

over ships flying its flag.

2. In particular every State shall:

(a) maintain a register of ships containing the names and

particulars of ships flying its flag, except those which are

excluded

from

generally

accepted

international

regulations on account of their small size; and

(b) assume jurisdiction under its internal law over each

ship flying its flag and its master, officers and crew in

respect of administrative, technical and social matters

concerning the ship.

3. Every State shall take such measures for ships flying its

flag as are necessary to ensure safety at sea with regard,

inter alia , to:

(a) the construction, equipment and seaworthiness of

ships;

(b) the manning of ships, labour conditions and the

training of crews, taking into account the applicable

international instruments;

(c)

the

use

of

signals,

the

maintenance

of

communications and the prevention of collisions.

4. Such measures shall include those necessary to ensure:

(a) that each ship, before registration and thereafter at

appropriate intervals, is surveyed by a qualified surveyor

of

ships,

and

has

on

board

such

charts,

nautical

publications

and

navigational

equipment

and

instruments as are appropriate for the safe navigation of

the ship;

(b) that each ship is in the charge of a master and officers

who possess appropriate qualifications, in particular in

seamanship, navigation, communications and marine

engineering,

and

that

the

crew

is

appropriate

in

qualification and numbers for the type, size, machinery

and equipment of the ship;

(c) that the master, officers and, to the extent appropriate,

the

crew are fully conversant with and required to

observe

the

applicable

international

regulations

concerning the safety of life at sea, the prevention of

collisions, the prevention, reduction and control of marine

pollution, and the maintenance of communications by

radio.

5. In taking the measures called for in paragraphs 3 and 4

each State is required to conform to generally accepted

international regulations, procedures and practices and

to take any steps which may be necessary to secure their

observance.

6. A State which has clear grounds to believe that proper

jurisdiction and control with respect to a ship have not

been exercised may report the facts to the flag State.

Upon

receiving

such

a

report,

the

flag

State

shall

investigate the matter and, if appropriate, take any action

necessary to remedy the situation.

7. Each State shall cause an inquiry to be held by or before

a suitably qualified person or persons into every marine

casualty or incident of navigation on the high seas

involving a ship flying its flag and causing loss of life or

serious injury to nationals of another State or serious

damage to ships or installations of another State or to the

marine environment. The flag State and the other State

shall cooperate in the conduct of any inquiry held by that

other State into any such marine casualty or incident of

navigation.

Article 95. Immunity of warships on the high seas

Warships on the high seas have complete immunity from

the jurisdiction of any State other than the flag State.

Article 96. Immunity of ships used only on government

non-commercial service

Ships owned or operated by a State and used only on

government non-commercial service shall, on the high

seas, have complete immunity from the jurisdiction of

any State other than the flag State.

Article 97. Penal jurisdiction in matters of collision or any

other incident of navigation

1. In the event of a collision or any other incident of

navigation concerning a ship on the high seas, involving

the penal or disciplinary responsibility of the master or of

any other person in the service of the ship, no penal or

disciplinary proceedings may be instituted against such

person

except

before

the

judicial

or

administrative

authorities either of the flag State or of the State of which

such person is a national.

2. In disciplinary matters, the State which has issued a

master's certificate or a certificate of competence or

licence shall alone be competent, after due legal process,

to pronounce the withdrawal of such certificates, even if

the holder is not a national of the State which issued

them.

3. No arrest or detention of the ship, even as a measure of

investigation, shall be ordered by any authorities other

than those of the flag State.

Article 98. Duty to render assistance

1. Every State shall require the master of a ship flying its

flag, in so far as he can do so without serious danger to

the ship, the crew or the passengers:

(a) to render assistance to any person found at sea in

danger of being lost;

(b) to proceed with all possible speed to the rescue of

persons in distress, if informed of their need of assistance,

in so far as such action may reasonably be expected of

him;

(c) after a collision, to render assistance to the other ship,

its crew and its passengers and, where possible, to inform

the other ship of the name of his own ship, its port of

registry and the nearest port at which it will call.

2. Every coastal State shall promote the establishment,

operation and maintenance of an adequate and effective

search and rescue service regarding safety on and over

the sea and, where circumstances so require, by way of

mutual

regional

arrangements

cooperate

with

neighbouring States for this purpose.

Article 99. Prohibition of the transport of slaves

Every State shall take effective measures to prevent and

punish the transport of slaves in ships authorized to fly its

flag and to prevent the unlawful use of its flag for that

purpose. Any slave taking refuge on board any ship,

whatever its flag, shall ipso facto be free.

Article 100. Duty to cooperate in the repression of piracy

All States shall cooperate to the fullest possible extent in

the repression of piracy on the high seas or in any other

place outside the jurisdiction of any State.

Article 101. Definition of piracy

Piracy consists of any of the following acts:

(a) any illegal acts of violence or detention, or any act of

depredation, committed for private ends by the crew or

the passengers of a private ship or a private aircraft, and

directed:

(i) on the high seas, against another ship or aircraft, or

against persons or property on board such ship or aircraft;

© Compiled by RGL

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