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Flag state responsibilities
Increased self-regulation should be its own reward for the shipping
industry. But its main attraction for administrations stems from
the perhaps belated realisation that effective control of maritime
operations today is impossible without industry co-operation.
Port state control may be the industry's police force but the
role of the police is to catch criminals, not to stop innocent
passers-by. If port state control has become a growth industry,
it is principally because the historical supervisory role of
the flag state as invigilator of the performance of its fleet
can no longer be entirely relied upon.
Yet while port state control has continued to attract the publicity,
and lists of detained ships threaten to overwhelm the maritime
press, the real finger of scrutiny this past year has quite properly
been pointed at the flag state. After several years of potentially
productive IMO discussion on the development of a self-assessment
scheme for flag states, the debate ran into a political storm
when the purpose of the exercise came to be addressed. Should
the results of the self-assessment be returned to IMO, as the
traditional maritime nations believed, with the implication that
they would be subjected to some sort of third party analysis?
Or should self-assessment, as most of the new maritime nations
argued, simply be a self-help mechanism, to encourage a greater
awareness of possible shortcomings? Sovereignty is a sensitive
issue, and it was hardly reasonable to expect that the open registers
and others would willingly subject themselves to the implied
criticisms of the old guard. In the event states will simply
be encouraged to use the self-assessment process in support of
any applications to IMO for technical assistance.
Unfortunately the politics have rather obscured the underlying
issue, which is that the performance of flag states in the exercise
of their responsibility for their ships varies considerably,
and that some registers clearly leave loopholes through which
the determinedly sub-standard operator can slip time after time.
In an effort to help address this issue ICS has undertaken to
try once more to develop some pointers to what the shipowner
should look for in determining acceptable performance on the
part of a flag state. The task is not easy, but the industry
owes it to itself, as much as to the public at large, to promote
high standards of operation, and if some flag states have evident
shortcomings they deserve to be isolated by the shipping industry
as much as by other states.
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