C5.2.1.a. What is a flag State?

The term “flag State” refers to the country where a ship is registered and/or the country whose flag the ship is flying. Ships can, and often do, move from one country/registry/flag to another during the course of their operating lives. Under international law the flag State is the government that has authority and responsibility for regulating ships and the conditions on board ships that fly its flag, no matter where they travel in the world. This is indicated in the Preamble to the MLC, 2006 which states:

Recalling that Article 94 of the United Nations Convention on the Law of the Sea, 1982, establishes the duties and obligations of a flag State with regard to, inter alia, labour conditions, crewing and social matters on ships that fly its flag.

Article 94 of the United Nations Convention on the Law of the Sea, 1982, provides in paragraph 1, that “Every State shall effectively exercise its jurisdiction and control in administrative, technical and social matters over ships flying its flag.” The specific responsibilities of flag States regarding inspection and, in some cases, also certification, that a ship and its operations, including conditions for workers on ships (seafarers), meet agreed- upon international standards are set out in the many international maritime Conventions adopted by the International Maritime Organization (IMO) and the ILO.

Flag State responsibilities