An examination of the principle of Exclusive Flag State Jurisdiction on the high seas with special focus on the ‘MV Arctic Sunrise’ incident

Abstract

This dissertation examines the application of the principle of exclusive flag State jurisdiction on the high seas wand in the Exclusive Economic Zone under international law. It addresses the main principles governing the high seas under Part VII of the United Nations Convention on the Law of the Sea such as the exercise of freedoms of the high seas, in particular, the freedom of navigation. In discussing the characteristics and freedoms of the high seas, reference is also made to the application of these rules in the Exclusive Economic Zone as a continuum of the high seas. The study examines in detail the principle of flag State jurisdiction and international rules relating to this doctrine. Importance is given to rules concerning nationality and registration of ships, and the genuine link doctrine. The study also addresses exceptions to the principle of exclusive flag State jurisdiction on the high seas in UNCLOS such as piracy, the right of visit, hot pursuit and constructive presence. The dissertation gives particular focus to the application of the principle of exclusive flag State jurisdiction and the freedom of navigation in the context of the MV Arctic Sunrise incident. In this respect, the study assesses the provisional measures order from the International Tribunal for the Law of the Sea and the Permanent Court of Arbitration. The study highlights the importance of respecting the principle of exclusive flag State jurisdiction on the high seas and the consequences for breaching this rule under international law.