Countering Flags of Convenience to Strengthen Sanctions Enforcement

Abstract

Flags of Convenience (FOC) undermine the effectiveness of U.N. sanctions with North Korea, in addition to a number of transnational harms. This paper argues for a multi-layered approach to strengthen the at-sea enforcement of U.N. sanctions with North Korea, which would provide a template for future sanctions regimes and measures to limit the harm posed by FOCs in other shared threats. FOCs come from an incentive structure in the law of the sea that provides nations with preeminent authority over registered ships and broad discretion in the registration and oversight process. This places flag States in competition to register ships, which in turn encourages lax enforcement and oversight by some. To counter this, the paper proposes several steps that the United States can take with the international community to strengthen ship registration standards, improve oversight, and ultimately, strengthen compliance with the rule of law.

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Document Details

Document Type
Technical Report
Publication Date
May 06, 2021
Accession Number
AD1144838

Entities

People

  • Travis Emge

Organizations

  • Naval War College

Tags

Communities of Interest

  • Ground and Sea Platforms

DTIC Thesaurus Topics

  • Agreements
  • Arms Control
  • Commerce
  • Crime
  • Criminals
  • European Union
  • Governments
  • International Law
  • International Security
  • Law
  • Marine Transportation
  • North Korea
  • Security
  • Terrorism
  • United Nations
  • United States
  • War Colleges

Readers

  • Government Contracting/Procurement.
  • Maritime Security/Maritime Homeland Security
  • Nuclear Non-Proliferation and International Security