Gaps in Governance: Lack of State Responsibility in Regulation of Flag of Convenience and its Impact on Laborers

  • Shruthi Rajan
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  • Shruthi Rajan

    Student at O.P. Jindal Global University, India

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Abstract

The practice of Flag of Convenience (FOC) in the maritime industry has emerged as a significant regulatory challenge, exposing gaps in state responsibility and impacting the welfare of seafarers worldwide. This paper delves into the intricacies of FOC, wherein ships register under the flag of nations with lenient regulations, aiming to minimize costs and maximize profits. Despite the existence of international conventions governing maritime affairs, enforcement remains inconsistent and inadequate, leading to exploitation of laborers at sea. Through an analysis of the regulatory framework, enforcement challenges, and the plight of seafarers, this paper emphasizes the urgent need for strengthening international regulations to deter FOC abuse and ensure the protection of those who navigate the world's oceans. Efforts to combat FOC abuse have focused on advocating for a genuine link between flag states and ships, alongside enhancing transparency and accountability measures. By bridging the gaps in governance and fortifying enforcement mechanisms, this paper advocates for safeguarding the rights and interests of seafarers and fostering a more equitable maritime industry.

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International Journal of Law Management and Humanities, Volume 7, Issue 2, Page 2837 - 2842

DOI: https://doij.org/10.10000/IJLMH.117338

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This is an Open Access article, distributed under the terms of the Creative Commons Attribution -NonCommercial 4.0 International (CC BY-NC 4.0) (https://creativecommons.org/licenses/by-nc/4.0/), which permits remixing, adapting, and building upon the work for non-commercial use, provided the original work is properly cited.

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