Ships, Nationality and Registration oProfessor Erik Røsæg oScandinavian Institute of Maritime Law ofolk.uio.no/erikro

2 Ships, Nationality and Registration oRegistration oPublic and private law oInternational public law and national law oNationality oLink to registration oThe importance of nationality: Jurisdiction o“Ship”

3 Registration: Privilege or duty? oOpen and closed registries oLiberalization oNot flying flag as a sanction

4 The Norwegian Maritime Code oNorwegian citizen o60% cases oPart owners oLimited partnerships oPartnerships oDirect registration

5 The NIS Act oConditions for registration oNMC oMain office in Norway oAll others oRequirements oAttorney, § 1 oManagement, § 1 oSailing limits, § 4 oEffects - substantive law

6 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 Dual registry systems

7 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. Liens and Mortgages Convention Art 16 Temporary change of flag

8 The Danish dual registry system oBare boat registration TO Denmark oShip Registry Act Ch 7 oDIS Act § 11a oBare boat registration FROM Denmark oShip Registry Act Ch 7 oDIS Act § 11c

9 oThe right to establish enterprises oEEA Agreement Art 31 oEx parte Factortame [1991] 1 ECR 3905 Registration and the right to establish enterprises

10 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. NMC § 1

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

12 ”Jurisdiction” oThe international scope of legislation oChoice of law oRecognition oJurisdiction in a technical sense

13 Jurisdiction in a technical sense oLegislation (prescriptive jurisdiction) oEnforcement oCourt

14 Legislation (prescriptive jurisdiction) oCrew oPollution oSafety oBoycott

15 Enforcement oInternal waters oTerritorial Sea oContiguous zones oContinental Shelf oPort state jurisdiction

16 Court jurisdiction oForum oOrdinary forum oArrest forum oForum clauses oThe starting point oMandatory legislation, NMC § 310 and Rt oAnti-suit injunctions

17 Choice of law oRelationship between court jurisdiction and choice of law oApplication of HVR oApplication of the law of liens and mortgages