5.4 International regulation
Regarding the international situation, the Court states that UNCLOS (the United Nations Convention on the Law of the Sea of 1982) codifies the flag state principle, and that both Norway and Antigua have ratified the Convention. And I quote:
“The flag state principle is codified in UNCLOS of 1982 - with entry into force in 1994. The flag state has according to Article 92 exclusive jurisdiction on the high sea, while the coastal state’s jurisdiction on its own sea territory is limited by Articles 17 et seq. on the right to innocent passage. The Convention is in other words built upon an interplay between jurisdiction based upon personnel connection - flag state jurisdiction - and territorial connection -coastal state jurisdiction” (para. 36, my translation)”.