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From ‘Flags of Convenience’ to ‘Flags of Deceit’: The Future of the Law Governing the Nationality of Ships

Eduardo Cavalcanti

International & Comparative Law Quarterly2025https://doi.org/10.1017/s0020589325101061article
ABDC A*
Weight
0.37

Abstract

This article explores the law governing the nationality of ships in the context of the recent surge of the so-called ‘dark fleet’. Traditionally, international law governed the nationality of ships, inter alia, to ensure effective control by the flag State over its ships, a concern heightened by the rise of open registry States, which were supposedly unable to exercise effective control. Despite initial scepticism, the general acceptance of open registries as well as the fact that small States like the Marshall Islands can be responsible flag States have mitigated this concern. However, the emergence of ‘flags of deceit’ (FODs)—flag States consciously enabling the operation of dark ships—poses a different problem. In welcoming ‘fleets’ of ships that are poorly maintained, in breach of international maritime regulations or engaged in illicit activities, FODs are not simply unable but, rather, unwilling to exercise effective control over their vessels, threatening the public order at sea. This article argues that other States have the right to refuse to recognise FODs with a view to protecting their own rights from dark ships left adrift by their respective flag States through their unwillingness to exercise effective control.

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https://doi.org/https://doi.org/10.1017/s0020589325101061

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@article{eduardo2025,
  title        = {{From ‘Flags of Convenience’ to ‘Flags of Deceit’: The Future of the Law Governing the Nationality of Ships}},
  author       = {Eduardo Cavalcanti},
  journal      = {International & Comparative Law Quarterly},
  year         = {2025},
  doi          = {https://doi.org/https://doi.org/10.1017/s0020589325101061},
}

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From ‘Flags of Convenience’ to ‘Flags of Deceit’: The Future of the Law Governing the Nationality of Ships

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Evidence weight

0.37

Balanced mode · F 0.40 / M 0.15 / V 0.05 / R 0.40

F · citation impact0.16 × 0.4 = 0.06
M · momentum0.53 × 0.15 = 0.08
V · venue signal0.50 × 0.05 = 0.03
R · text relevance †0.50 × 0.4 = 0.20

† Text relevance is estimated at 0.50 on the detail page — for your query’s actual relevance score, open this paper from a search result.