THE MARITIME LIABILITY OF STATES

Authors

  • DUARTE LYNCE DE FARIA

DOI:

https://doi.org/10.26619/1647-7251.15.2.17

Keywords:

Coastal State, Flag State, Maritime Liability, Maritime Safety, Paris MoU, Port State, Recognised Organisations (R.O.), Triple I Code, United Nations Convention on the Law of the Sea (UNCLOS)

Abstract

This article covers the maritime liability of states, focusing on their roles and responsibilities as the flag state, the coastal state and the port state. It emphasises the need for closer cooperation between coastal and port states and the International Maritime Organization (I.M.O.) to address third-party competencies concerning the flag state. The text also elaborates on the obligations of flag states and agreements with recognised organisations (R.O.), including the mandatory need to comply with international standards for maritime safety, navigation safety, marine environment protection, and crew living and working conditions. It further highlights the crucial role of flag states in establishing and maintaining an effective control system over their ships to ensure compliance with all international standards and regulations. In conclusion, the research calls for strict enforcement of flag state obligations to ensure maritime safety, prevent pollution from ships and maintain proper shipboard living conditions.

Author Biography

DUARTE LYNCE DE FARIA

He holds a PhD in Private Law from Extremadura University, a PhD in maritime law, and a master’s in international law from Lisbon University. He attends several schools and colleges, such as the Naval Academy, Military University Institute, Maritime College, and NOVA School of Law (Portugal). He holds a Naval Sciences Degree from the Portuguese Naval Academy. He is a former naval officer who has also attended the General Naval War Course (1991) (Naval War Institute) and the Postgraduate Course in Maritime Shipping and Port Management (2000) (Economic and Management Faculty). In his professional career as a Navy officer, he attended several courses in naval operations (namely, the specialisation course in communications, the Maritime Tactical Course at HMS Dryad in the United Kingdom, and the Electronic Warfare Course at the NATO School in Oberammergau, Germany) and performed various duties aboard operational naval units at the Naval Tactics Instruction Centre and the Navy General Staff until 1997. From 1998 onwards, he left active service in the Navy. He was appointed deputy to the Setubal Civil Governor, member of the Board of Directors of the Port and Maritime General Institute, head of the cabinet of the Secretary of State of Ports and Maritime Administration, director of the legal office and director of strategic projects for the ports of Setúbal and Sesimbra Authority, and, for three terms, member of the Board of Directors of the port of Sines and the ports of Sines and Algarve Authority. He has published around a dozen books and several articles, primarily on the law of the sea, maritime law, and maritime safety law. The latest monograph is “The (new) Law of Maritime Safety—the Ship, the States, the Conventions and their Autonomy. The Energy Transition and the Consequences of the European Green Deal,” which has a Portuguese (1st) and an English (2nd) edition.

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Published

2024-11-27

Issue

Vol. 15 No. 2 (2024): Novembro 2024-Abril 2025

Section

ARTICLES