Flag of Convenience - Ratification of Maritime Conventions

Ratification of Maritime Conventions

International regulations for the maritime industry are promulgated by agencies of the United Nations, particularly the International Maritime Organization and International Labour Organization. Flag states adopt these regulations for their ships by ratifying individual treaties. One common criticism against flag of convenience countries is that they allow shipowners to avoid these regulations by not ratifying important treaties or by failing to enforce them.

Maritime International Secretariat Services (MARISEC) issues a yearly report entitled the Flag State Performance Table in association with industry groups the Baltic and International Maritime Council, the International Association of Dry Cargo Shipowners, the International Chamber of Shipping, the International Shipping Federation, and the International Association of Independent Tanker Owners. The 2009 report identified the six "core" conventions representing a minimum level of maritime regulation, from the viewpoint of shipowners, as SOLAS, MARPOL, LL 66, STCW, ILO 147, and CLC/FUND92. Five of these six core conventions are not ratified by several flag of convenience countries.

The SOLAS and LL 66 conventions focus on shipboard safety issues. SOLAS is an acronym for Safety of Life at Sea, or formally "International Convention for the Safety of Life at Sea, 1974 as amended, including the 1988 Protocol, the International Safety Management Code (ISM) and the International Ship and Port Facility Security Code (ISPS)". Originally ratified in response to the sinking of the RMS Titanic, SOLAS sets regulations on lifeboats, emergency equipment and safety procedures, including continuous radio watches. It has been updated to include regulations on ship construction, fire protection systems, life-saving appliances, radio communications, safety of navigation, management for the safe operation of ships, and other safety and security concerns. As of 2009, the Bolivian, Honduran, Lebanese, and Sri Lankan flags of convenience have not ratified the SOLAS treaty. LL 66 is an industry designation for the "International Convention on Load Lines, 1966, including the 1988 Protocol". This convention sets standards for minimum buoyancy, hull stress, and ship's fittings, as well as establishing navigational zones where extra precautions must be taken. As of 2009, the Bahamian, Bolivian, Georgian, Honduran, and Sri Lankan flags of convenience have not ratified the LL 66 treaty.

ILO147 is shorthand for the "International Labour Organization Merchant Shipping (Minimum Standards) Convention 1976, including the 1996 Protocol". This convention sets safety and competency standards, regulates work hours, manning, conditions of employment as well as shipboard living arrangements. As of 2009, the Antigua/Barbudan, Bolivian, Cambodian, North Korean, Georgian, Honduran, Jamaican, Mongolian, Vincentian, and Sri Lankan flags of convenience have not ratified the ILO147 treaty.

MARPOL, CLC, and FUND are treaties related to pollution. MARPOL refers to the "International Convention for the Prevention of Pollution from Ships, 1973 as modified by the Protocol of 1978, including Annexes I–VI". This treaty regulates pollution by ships, including oil and air pollution, shipboard sewage and garbage. As of 2009, the Bahamian, Bolivian, Cambodian, North Korean, Georgian, Honduran, Lebanese, Maltese, and Sri Lankan flags of convenience have not ratified the MARPOL treaty. CLC and FUND92 refer to the "International Convention on Civil Liability for Oil Pollution Damage, 1992" and the "International Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damage, 1992". These two related conventions provide mechanisms to ensure remuneration for victims of oil spills. As of 2009, the Bolivian, North Korean, Honduran, Lebanese, and, Mongolian flags of convenience have not ratified the CLC and FUND treaties.