Registration of Ship and Principle of Genuine Link in International Law: Flag of Convenience Problems
Article Sidebar
Main Article Content
Abstract
International law requires all states to enact ship registration laws to allocate ships under their jurisdiction, considering the principle of genuine connection.However, international law does not define genuine link, which raises the question of what the state should consider when enacting ship registration laws. The study found that the ambiguous of genuine link led to open registrations and occurred to the problem of flag of convenience, which impacts on the environment, safety and maritime security. This article aims to suggest solutions by determining the minimum of genuine link between flag state and ship, which led flag state can efficiency and effectively enforce law over ship. Meanwhile port state must enforce its own law over the ship that enter into its port to carry out the standard before leaving the port.
Article Details
References
Cheng, Bin. The Law of International Air Transport. Great Britain: Oceana Publication, 1984.
Churchill, Robin R. The Meaning of the “Genuine Link” Requirement In Relation to the Nationality Of Ships (Research Report). Cardiff: University of Wales, 2000.
Chumphorn Pachusanond, Siriwat Thanaphate, Wachiraphorn Wongnakornsawang, and Narupon Jhoythongmoon. Right of Navigation and International Protection of Thai Fishing Vessel in Foreign Maritime Zone (Research Report). Bangkok: Secretariat of the Senate, 2011. [In Thai]
Holmes, George C. V. Ancient and Modern Ships, Part I. Wooden Sailing-Ships. London: Forgotten Books, 2020.
Hosanee, Nivedita M. A Critical Analysis of Flag State Duties as Laid Down under Article 94 of the 1982 United Nations Convention on the Law of the Sea. New York: United Nations, 2009.
Khalilieh, Hassan S. “Islamic Maritime Law in Its Mediterranean and Islamic Contexts.” World History Connected 19 (2022): 2-3.
Matlin, David F. “Re-Evaluating the Status of Flags of Convenience Under International Law.” Vanderbilt Law Review 23 (2021): 1027.
Ministry of Foreign Affairs, Department of Treaties and Legal Affairs. United Nations Convention on the Law of the Sea 1982. 2nd ed. Bangkok: Arawan Printing, 2005. [In Thai]
Shubber, Sami. Jurisdiction Over Criemes on Board Aircrat. Hague: Martinus Nijhoff, 1973.
Tenold, Stig. A Most Convenient Flag – The Development of the Singapore Ship Registry, 1969–82. SNF Report 69/00. Bergen: SNF, 2000.
UNCTAD Secretariat. Review of Maritime Transport 2009. New York: United Nations, 2009.
Wolfrum, Rüdiger. “The Freedom of Navigation: Modern Challenges.” In Law of the Sea: From Grotius to the International Tribunal for the Law of the Sea, edited by Lilian del Castillo, 2. Leiden: Brill Nijhoff, 2015.
Xiao, Yuanyuan. Comparative Study of Different Ship Registries and Reflection on China’s Innovation of International Ship Registration System. Malmö, Sweden: World Maritime University, 2021.
