Ships, Nationality and Registration Professor Erik Røsæg Scandinavian Institute of Maritime Law erik.rosag@jus.uio.no folk.uio.no/erikro

Ships, Nationality and Registration Public and private law International public law and national law Nationality Link to registration The importance of nationality: Jurisdiction “Ship” 2

Registration: Privilege or duty? Open and closed registries Liberalization Not flying flag as a sanction 3

The Norwegian Maritime Code Norwegian citizen 60% cases Part owners Limited partnerships Partnerships Direct registration 4

The NIS Act Conditions for registration Requirements NMC Main office in Norway All others Requirements Attorney, § 1 Management, § 1 Sailing limits, § 4 Effects - substantive law 5

Dual registry systems UNCLOS Art. 91 and 92 State of ship’s registry State of c/p registry UNCLOS Art. 91 and 92 Liens and Mortgages Convention Art. 16 Ship Registration Convention Art. 12 6

Liens and Mortgages Convention Art 16 Temporary change of flag If a se seagoing vessel registered in one State is permitted to fly temporarily the flag of another State, the following shall apply: (b) The law of the State of registration shall be determinative for the purpose of recognition of registered mortgages, "hypothèques" and charges. (d) No State Party shall permit a vessel registered in that State to fly temporarily the flag of another State unless all registered mortgages, "hypothèques" or charges on that vessel have been previously satisfied or the written consent of the holders of all such mortgages, "hypothèques" or charges has been obtained. (g) Nothing in this Convention is to be understood to impose any obligation on States Parties to permit foreign vessels to fly temporarily their flag or national vessels to fly temporarily a foreign flag. 7

The Danish dual registry system Bare boat registration TO Denmark DMC § 22 DIS Act § 11a Bare boat registration FROM Denmark DMC § 24 DIS Act § 11c 8

Registration and the right to establish enterprises EEA Agreement Art 31 Ex parte Factortame [1991] 1 ECR 3905 9

NMC § 1 Equal for the purposes of this Section in regards to property owned by a Norwegian national is that owned by a person, company or enterprise as included in the regulations in the EEA-agreement. If the ship is owned by a company, enterprise or similar, the activity must have been founded in accordance with the legislation in one of the states connected with the EEA-agreement and have its statutory head office, head administration or head enterprise in one of these countries. Equal to the requirement of Norwegian citizenship and address for the members of the board in paragraph one no. 4 is citizenship and address in a state connected to the EEA-agreement. It is a requirement that the ship is part of the owner’s economic activities established in Norway and that the ship is operated from Norway. 10

Genuine link Why genuine link? UNCLOS Art. 91 Genuine link on the basis of ownership Genuine link on the basis of the crew 11

”Jurisdiction” The international scope of legislation Choice of law Recognition Jurisdiction in a technical sense 12

Jurisdiction in a technical sense Legislation (prescriptive jurisdiction) Enforcement Court 13

Legislation (prescriptive jurisdiction) Crew Pollution Safety Boycott 14

Enforcement Internal waters Territorial Sea Contiguous zones Continental Shelf Port state jurisdiction 15

Court jurisdiction Forum Forum clauses Anti-suit injunctions Ordinary forum Arrest forum Forum clauses The starting point Mandatory legislation, NMC § 310 and Rt. 1989.208 Anti-suit injunctions 16

Choice of law Relationship between court jurisdiction and choice of law Application of HVR Application of the law of liens and mortgages 17