The world’s oceans are the largest international commons on earth. All nation States have an equal right to navigate and traverse the oceans through their registered ships under the international legal principle of freedom of navigation. Maritime law requires every ship to be registered (flagged) to a nation State (flag State), and when duly registered that ship is regulated by its flag States and enjoys protection from interference or regulation from other States. While the protection from interference has its origins in the law of the sea's first principles it also means that flagged vessels can avoid regulation, and this is leading to human rights abuses at sea going unchecked. This legal bulletin aims to explain the international legal context that is facilitating a lack of regulation, examines why the issue needs to be addressed and briefly considers how New Zealand is responding and other potential solutions.
