Flying the Flag, Fleeing the State

But maritime lawlessness isn’t confined to pirates. Thanks to a system of ship registration called “flags of convenience,” it is all too easy for unscrupulous ship owners to get away with criminal behavior. They have evaded prosecution for environmental damage like oil spills, as well as poor labor conditions, forcing crews to work like slaves without adequate pay or rest. But unlike piracy, which seems intractable, the appalling conditions on some merchant ships could be stopped.

Ships used to fly the flags of their nation. They were floating pieces of their home country on ungovernable seas, with all the advantages and disadvantages of government oversight: if things went wrong, seafarers were protected by their governments. If they did wrong, they could be punished.

But in the early 20th century, this began to change. Panama, seeking to attract American ships avoiding Prohibition laws, allowed non-Panamanians to fly its flag, for a fee. Liberia and other countries followed suit. Today these “open registries” are used by over 60 percent of shippers, up from 4 percent in the 1950s.

Under the flags of convenience system, registries have been divorced from government oversight. North Korea has a thriving registry, as does landlocked Mongolia. Liberia’s registry, the second-largest in the world, flourished even during a dozen years of civil war. Some registries allow ship owners to change the flags they’re registered under within 48 hours; some require little more than a signature or an online form from an owner. Many don’t require owners to disclose their identities at all.