Responsibility and Accountability in Maritime Law
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CHAPTER 8
Criminalisation and seafarers' rights: Problems and solutions
Rights and responsibilities
We cannot lose sight of the overarching issue that the Master's responsibility, which gives rise to their accountability, is derived primarily from the laws of the Flag State, and the Flag State's own responsibility for management of its legal rights and obligations is a prime factor in this. The State's overall responsibility is defined, in the terms of UNCLOS (United Nations Convention on the Law of the Sea), for the implementation and enforcement of those international maritime regulations to which it has committed itself, in respect of all ships to which it has allocated the right to fly its flag. The potential consequences on the Flag State for management failure have demanded some accountability; the question is, how the State renders that into blame. It may be that the Master must be held liable as a result of that; in which case the question to be raised is, how that is consistent with fairness, or equity.