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Why Should This Theoretical Clash Be Settled?As can be seen, attempts to grapple with the question of port state extra- territoriality and the EFSJ principle raise various jurisdictional questions. These can be grouped into three general inquiries:A. Does EFSJ operate as a legal limitation on the prescriptive jurisdic- tion of ports, or is it a historical preference for only flag states extending their laws to vessels on the high seas, and thus a matter of waning comity?B. From the flag state perspective, are their rights being ‘diluted’, ‘eroded’ or subjected to ‘creeping’ jurisdiction by port states, as some suggest, or, again, is it only the facts on the ground that are changing as more states exercise concurrent jurisdiction?C. The international community as a whole, and not just flag states, have a stake in the balance of interests, and jurisdictional balance that is established by the LOSC.88 As port states push the boundar- ies of what is ‘territorial’, are they straining the boundaries of the law of the sea, with the division of maritime zones and distinct jurisdictional principles , such as flag state exclusivity?The essence of these theoretical debates rests on the content of ‘exclusive flag state jurisdiction’. As will now be seen, one interpretation removes the troubles alluded to, and it is suggested that the principle is restrictively discussed in future literature—particularly in relation to port states where it has little or no relevance.
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