The possibility of litigating on the liability of flag States in the case of vessel-based pollution: where we currently stand in the Law of the Sea

Purpose— examining whether the current International Law of the Sea framework allows for litigation on flag state liability on the grounds of lack of compliance with pollution prevention provisions in the Law of the Sea Convention’s Part XII. Design, Methodology, Approach— Analyzing the issue according to the current legal and jurisprudential background, taking into consideration the international law of state responsibility and due diligence obligations. The aim is to establish whether there would be the possibility for this liability in international law. Findings— The existing framework would allow for litigation regarding flag State liability for oil spills pursuant to the provisions of Part XII of the Law of the Sea Convention. Practical Implications— This article could be used as a suggestion for improving marine pollution prevention mechanisms in terms of oil spills and other environmental regulations in the Law of the Sea.