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Flag of Convenience (Naval Context)

E2. Naval, defence and maritime law enforcement

Definition

Concern when warships transit foreign-flag commercial routes.

In the naval and security context, flag of convenience describes the risk that a warship or auxiliary, or an interdicting force, must account for when commercial traffic on a contested route flies open-registry flags such as Panama, Liberia, or the Marshall Islands. The concern is jurisdictional: the right of visit under UNCLOS Article 110 lets a warship board a ship reasonably suspected of being without nationality or of refusing to show its flag, but a validly flagged vessel is subject to its flag state’s exclusive jurisdiction (Article 92), so boarding a foreign-flagged merchant outside the Article 110 grounds requires flag-state consent or a Security Council mandate.

Source: UNCLOS Article 110 (right of visit) and Article 92 (exclusive flag-state jurisdiction on the high seas), 1982.