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Ships, Nationality and

RegistrationoProfessor Erik Rsg

oScandinavian Institute of

Maritime Lawoerik.rosag@jus.uio.no

ofolk.uio.no/erikro

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Ships, Nationality andRegistration

o Registrationo Public and private law

o International public law and national lawo Nationality

o Link to registration

o The importance of nationality:Jurisdiction

o Ship

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Registration: Privilege or duty?

oOpen and closed registries

oLiberalization

oNot flying flag as a sanction

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The Norwegian Maritime Code

o Norwegian citizen

o 60% cases

o Part ownerso Limited partnerships

o Partnerships

o Direct registration

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The NIS Act

o Conditions for registrationo NMC

oMain office in Norway

o All others

o Requirementso Attorney, 1

o Management, 1o Sailing limits, 4

o Effects - substantive law

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State of ships 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

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If a se seagoing vessel registered in one State is permitted to flytemporarily 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, "hypothques" andcharges.

(d) No State Party shall permit a vessel registered in that State to flytemporarily the flag of another State unless all registered mortgages,"hypothques" or charges on that vessel have been previously satisfiedor the written consent of the holders of all such mortgages,"hypothques" or charges has been obtained.

(g) Nothing in this Convention is to be understood to impose any obligationon States Parties to permit foreign vessels to fly temporarily their flagor national vessels to fly temporarily a foreign flag.

Liens and Mortgages Convention Art 16Temporary change of flag

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The Danish dual registry system

o Bare boat registration TO Denmarko DMC 22

o DIS Act 11ao Bare boat registration FROM Denmark

o DMC 24

o DIS Act 11c

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o The right to establish enterprises

o EEA Agreement Art 31

o Ex parte Factortame [1991] 1 ECR3905

Registration and the right toestablish enterprises

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Equal for the purposes of this Section in regards to propertyowned by a Norwegian national is that owned by a person, companyor 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 legislationin one of the states connected with the EEA-agreement and haveits statutory head office, head administration or head enterprise inone of these countries. Equal to the requirement of Norwegiancitizenship and address for the members of the board in paragraph

one no. 4 is citizenship and address in a state connected to theEEA-agreement. It is a requirement that the ship is part of theowners economic activities established in Norway and that the shipis operated from Norway.

NMC 1

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oWhy genuine link? UNCLOS Art.91

o Genuine link on the basis ofownership

oGenuine link on the basis of thecrew

Genuine link

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Jurisdiction

o The international scope oflegislation

o Choice of law

o Recognition

o Jurisdiction in a technical sense

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Jurisdiction in a technicalsense

o Legislation (prescriptivejurisdiction)

o Enforcement

o Court

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Legislation (prescriptivejurisdiction)

o Crew

o Pollution

o Safety

o Boycott

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Enforcement

o Internal waters

o Territorial Sea

o Contiguous zones

o Continental Shelf

o Port state jurisdiction

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Court jurisdiction

o Forumo Ordinary forumoArrest forum

o Forum clauseso The starting pointo Mandatory legislation, NMC 310 andRt. 1989.208

o Anti-suit injunctions

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Choice of law

o Relationship between courtjurisdiction and choice of law

o Application of HVRo Application of the law of liens andmortgages