The Nationality of ShipsIt gives me great pleasure to introduce this work by Dr. H. Meyers. The problem of "The Nationality of Ships" has long been one of the most difficult problems in the international law of the sea. It has been made more acute recently by the growth of "flags of convenience". Legally, the problem has been complicated or simplified-according to one's point of view-by the emergence of the concept of the "genuine link" associated with the Judgment of the International Court of Justice in the Nottebohm case (second phase) in 1955. Other develop ments have included the thorough preparatory work of the Internation al Law Commission leading up to the United Nations Conference on the Law of the Sea, held in Geneva in 1958; the debates at that Con ference and particularly its adoption of the Convention on the High Seas; and finally the Advisory Opinion of the International Court of Justice in the case concerning the Constitution of the Maritime Safety Committee of the Inter-Governmental Maritime Consultative Organisation in 1960. All these developments have thrown light on the problem ofthe allocation of ships to one or other of the politically organised territorial communities (or States) of which the present international society is largely composed. But an agreed solution acceptable to all the interests concerned seems as far away as ever. The question of ships operated by international institutions such as the United Nations is another problem which awaits a satisfactory answer. |
Contents
ACQUISITION OF ALLOCATION | 1 |
Which international person may have the power to pre | 41 |
The right to prescribe rules for shipusers | 52 |
Copyright | |
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A/Conf according apply article 6 C.H.S. authority Boczek British Chapter coastal concept concerned Conference connection consequences continental shelf Convention Court crew decision documents draft article Dutch effect enforcement exclusive jurisdiction exercise exist fact false flag flag-of-convenience fly its flag fly the flag foreign ships formulated Geneva Geneva Conference Geneva Convention genuine link Gidel high seas Honduras I.C.J. Reports I.L.C. Yearbook immatriculation innocent passage International Law Commission international organization international person labour legislation Liberia maritime matter means ment mentioned Nagendra Singh national conditions national law nationality of ships navigation navire Netherlands Nottebohm operator owner ownership Panama paragraph particular pavillon piracy port possible prescribe proposal protection provisions question referred regard registration regulations respect Rienow right to fly rights and duties rules sailing sanctions Section sentence ship-users shipowners stateless term territorial sea tion treaty United Kingdom United Nations unlawful vessel warship