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parties with regards to vessel inspection, the discovery of viola- tions, notification, investigation and enforcement proceeding.

First Aid from the Flag State

The flag state's role is not a new one, nor has it only recently been defined. In fact, over 2000 years ago, Pericles highlighted the importance of continual involve- ment: "Shipping, unlike any other technical matter, depends mainly upon constant training, and it is not appropriate to deal with it in an incidental or occasional man- ner. On the contrary, one has to be constantly involved, without being distracted by anything else." This constant involvement is a quality that must be exhibited by a flag state if it is to be effective.

A flag state's efficiency in render- ing assistance to an owner is per- haps most jeopardized by poor communication. The expertise of a flag state does not help the shipowner who fails to contact the administration when a problem arises. Prudent shipowners should always be equipped with the tele- phone, fax number, and other details necessary for contacting the administration's key marine safety personnel in the event of an inter- vention. Similarly, an effective flag state administration should provide port state authorities with a communications contact list which will ensure that port author- ities interface with the appropriate representatives of the flag state administration.

As administrator of the Liberian and Marshall Islands flags,

International Registries, Inc. (IRI) has found that surveys conducted to ensure compliance with SOLAS and MARPOL requirements reveal areas that are frequently deficient, and that often result in detentions; for example: (1) poor maintenance of lifesaving equipment; (2) lack of appropriate firefighting equip- ment; (3) improper navigation of equipment; and (4) inadequate maintenance of overboard dis- charge maintenance equipment (O.D.M.E). IRI's Marine Safety division draws on inspection reports, and deficiency and deten- tion data to give shipowners infor- mation that will help them avoid inconveniences, delays, and deten- tion costs.

A flag state that is actively involved in interventions and detentions has several methods at its disposal by which it may favor- ably conclude a detention, as well as prevent such problems from occurring in the future. Since so many interventions involve equip- ment inspections pursuant to vari- ous conventions, an operational/ safety checklist provided by the flag state can be extremely useful.

Such a checklist should be used weekly and monthly, and signed by the vessel safety officers and mas- ters at the end of every month.

Attention to the checklist is an important confidence-building measure for crews, and will ulti- mately be conveyed to port state officials when vessels are inspect- ed.

A safety/operational checklist not only functions as a foundation for a successful vessel maintenance rou- tine and a plan for avoiding deten- tions, but it also serves as an important reference tool, if and when a vessel is detained.

In light of the experience gleaned from participating in the interven- tion/detention process, flag states are in a unique position to assist owners in preparing and imple- menting an effective vessel main- tenance plan that will be success- ful in ultimately avoiding deten- tions.

The System

The system has been designed to be, and usually is, self-reinforcing.

Environmental and safety con- cerns have recently become major issues for many states, and conse- quently, as time has passed, port and coastal states have adopted many additional requirements above and beyond those imposed by international agreement.

Despite the fact that there really is only one set of internationally (Continued on page 42)

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November, 1995 39