Home / For international owners / Cruising
Which law applies on board at sea and in foreign waters?
Short answer
Which law applies on board at sea depends on where you are.
Within 12 nautical miles of the coast it is the coastal state's law,
on the high seas mainly the law of your flag state.
That is why ensign and register matter in foreign waters.
The United Nations Convention on the Law of the Sea (UNCLOS) divides the sea into zones, and anyone crossing the Channel, heading for Biscay or cruising the Mediterranean passes through several in a day. The territorial sea extends up to 12 nautical miles from the baseline. There the coastal state's law applies much as it does ashore, subject to the right of innocent passage for foreign vessels. Out to 24 nautical miles lies the contiguous zone, where the coastal state may enforce its customs, tax, immigration and health rules.
The exclusive economic zone runs to 200 nautical miles and gives the coastal state rights over fishing and the resources of the seabed. Beyond that are the high seas, where life on board is governed in principle by the law of the flag state. A yacht wearing the red ensign carries UK law with it out there, an Irish or Dutch yacht the law of its own country. Once you enter another state's coastal waters, that state's law applies as well, from harbour regulations to its rules on alcohol at the helm.
For British owners the register matters as much as the flag. The Small Ships Register is a simple, inexpensive registration that lets the boat wear the red ensign abroad, but it is not proof of title and cannot carry a marine mortgage; Part 1 of the UK Ship Register records ownership and mortgages. Carry the certificate, your qualifications such as the ICC, and proof of liability insurance. Before going foreign, check clearance procedures and compulsory insurance in the destination, and make sure the cruising area in your policy, not the chart, includes where you plan to sail.
Worth remembering
Up to 12 miles
the coastal state's law
High seas
the flag state's law
The ensign travels with you, and so does every harbour's rulebook.
Questions
What owners ask us about this
How far do a country's territorial waters extend?
The territorial sea extends up to 12 nautical miles from the baseline. The coastal state's law applies there, and foreign vessels have a right of innocent passage.
Which law applies on board on the high seas?
In principle the law of the flag state, the country whose ensign the boat wears. In another country's coastal waters, that country's law applies as well.
Is the Small Ships Register enough?
For wearing the red ensign abroad, usually yes. It does not prove ownership or carry a mortgage, though; for that you need Part 1 registration, which some lenders and buyers ask for.
Related
Not sure whether you qualify?
Whether it is “Which law applies on board at sea and in foreign waters?” or another question: send us your residence and the flag your boat flies. You will get a straight answer in one email; including a no, if that is the answer.
Was this useful?
