The dual imperative : examining flag state exclusivity in international law and enhancing the efficacy of non-flag state actors in addressing maritime threats

Abstract

This dissertation critically examines the principle of flag State exclusivity in international maritime law and evaluates the increasing role of non-flag State actors in responding to contemporary maritime threats. The study explores the legal foundations of flag State jurisdiction under instruments such as the United Nations Convention on the Law of the Sea, highlighting its centrality to the governance of the high seas. However, it also identifies the inherent limitations of this framework, particularly in instances where flag States are unable or unwilling to effectively enforce jurisdiction on their vessels, thus allowing space for illicit activities such as piracy, trafficking, terrorism and environmental violations. Through a doctrinal and comparative legal analysis, the dissertation investigates how international law has evolved to accommodate supplementary enforcement by non-flag State actors, including port states, regional bodies, and international coalitions. Case studies are used to illustrate both the legal challenges and practical uses of such interventions. The research finds that while flag State jurisdiction remains a cornerstone of the law of the sea, the implementation of this rule faces challenges when addressing the scale and complexity of modern maritime threats. The study concludes that a dual approach is necessary: reinforcing the accountability of flag States while simultaneously enhancing the legal legitimacy and operational capacity of non-flag State actors. It recommends a re-interpretation of existing legal norms, greater international cooperation, and the development of clearer guidelines for non-flag State intervention. This dual imperative reflects an evolving understanding of global maritime governance, where the balance between sovereignty and collective responsibility must be recalibrated to meet the demands of contemporary maritime security.