Open registers, zelfregulering en criminaliteit

Winchester, N. (2003). Open registers, zelfregulering en criminaliteit. Justitiele Verkenningen (Criminaliteit op zee), 2003/2 pp. 71–85.

Abstract

Vessels registered to flags of conveneince have frequently been associated with a wide range of criminal activities. The article argues that the structure and dynamic of the contemporary flag market create conditions of existence for certain illegal activities. A range of regulatory environment marks the contemporary flag market which provides differing levels of freedom for the shipowner. In this market the shipowner is provided with a context in which to perform certain illegal acts outside of effective state control.

The competitive nature of the open registry business means that effective regulation is unlikely to derive from the operations of the flag market itself. In conclusion it is argued that the most appropriate way to address this problem is through a reinterpretation of the role and constitution of the flag state by adopting and enforcing the concept of a model flag state.

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