The Ship as an Extension of Flag State Territory and an Entity with Human Attributes – Is it Time to Jettison These Legal Fictions?

Abstract

Summary This article questions the need for the use of two legal fictions in modern maritime law: that a vessel/ship can in certain instances be treated as an extension of flag state territory; that a vessel/ship is an entity with human attributes. The article addresses the first ‘fiction’ mainly in the context of applicable international law as well as English law; the second ‘fiction’ is addressed mainly in the context of English law although selective reference is made to both primary and secondary legal sources from the United States. The article concludes that the two fictions are only of limited value in modern maritime law.