1. Ships, Nationality and Registration
Professor Erik Røsæg
Scandinavian Institute of Maritime Law
folk.uio.no/erikro

2. 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

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

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

5. 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

6. 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

7. 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

8. 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

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

10. 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

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

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

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

14. Legislation (prescriptive jurisdiction)
Crew
Pollution
Safety
Boycott 14

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

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

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