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Embassy of the Flag State (Authority)

E2. Naval, defence and maritime law enforcement

Definition

Consular authority over flag ships abroad.

A flag state exercises diplomatic and consular authority over its merchant ships abroad through its embassies and consulates. Under the Vienna Convention on Consular Relations 1963, consular functions (Article 5) expressly include helping and assisting vessels of the sending state, inspecting and documenting them, examining and stamping ship’s papers, and resolving disputes among master, officers, and crew. The flag state’s jurisdiction over the ship rests on UNCLOS Article 92 (a ship sails under the flag of one state and is subject to its exclusive jurisdiction on the high seas) and Article 94 duties of the flag state.

Source: Vienna Convention on Consular Relations 1963, Article 5; UNCLOS Articles 92 and 94 (flag state jurisdiction and duties).