How the International Legal Regime Creates and Contains Flags of Convenience Eric Powell

Total Page:16

File Type:pdf, Size:1020Kb

How the International Legal Regime Creates and Contains Flags of Convenience Eric Powell Annual Survey of International & Comparative Law Volume 19 | Issue 1 Article 12 2013 Taming the Beast: How the International Legal Regime Creates and Contains Flags of Convenience Eric Powell Follow this and additional works at: http://digitalcommons.law.ggu.edu/annlsurvey Part of the Law of the Sea Commons Recommended Citation Powell, Eric (2013) "Taming the Beast: How the International Legal Regime Creates and Contains Flags of Convenience," Annual Survey of International & Comparative Law: Vol. 19: Iss. 1, Article 12. Available at: http://digitalcommons.law.ggu.edu/annlsurvey/vol19/iss1/12 This Article is brought to you for free and open access by the Academic Journals at GGU Law Digital Commons. It has been accepted for inclusion in Annual Survey of International & Comparative Law by an authorized administrator of GGU Law Digital Commons. For more information, please contact [email protected]. Powell: Flags of Convenience TAMING THE BEAST: HOW THE INTERNATIONAL LEGAL REGIME CREATES AND CONTAINS FLAGS OF CONVENIENCE ERIC POWELL* I. INTRODUCTION Centuries-old maritime jurisprudence continues to guide the law of the sea today. These baseline understandings are necessary to maintain order of the largest international commons, the sea.1 The seas’ central role in globalization, though, strains some of this established law. In particular, the question of jurisdiction has become increasingly complex as ships regularly ply every ocean and visit ports in dozens of countries. Many of these ships are actually subject to the exclusive jurisdiction of States with which they have no connection and which have limited incentives to regulate. This paper explores how this jurisdictional non sequitur arose, and when international law permits concurrent jurisdiction. Specifically, this paper emphasizes when U.S. courts can reach activities on the seas. The seas are both the lynchpin of global trade and the site of global disasters. Nearly 105,000 ships2 transport more than 90% of world * Eric Powell served eight years in the Navy’s active and reserve Information Dominance Corps. He wrote this paper in partial fulfillment of his J.D. It was awarded Harvard Law School’s Addison-Brown Prize for writing on maritime and private international law. He is a graduate of Harvard Law School and Harvard College. 1. 71% of the Earth is covered by water. Aquatic Commons, Distribution of the Earth’s Water, http://aquaticcommons.org/650/1/Poster13E.pdf (last visited March 16, 2013). 2. United Nations Conference on Trade and Development, Review of Maritime Transport, at 36-37, UNCTAD/RMT/2011 (Nov. 22, 2011) [hereinafter RMT]. 263 Published by GGU Law Digital Commons, 2013 1 139 Annual Survey of International & Comparative Law, Vol. 19 [2013], Iss. 1, Art. 12 264 ANNUAL SURVEY OF INT’L & COMP. LAW [Vol. XIX trade,3 including oil, chemicals, consumer durables and non-durables, food, and people.4 Consider, though, recent reminders that the seas are more than globalization superhighways. The quest for new sources of oil tragically resulted in the 2010 Deepwater Horizon spill, which released five million barrels of crude oil into the Gulf of Mexico.5 Less than eighteen months later, the grounding of the New Zealand-bound container ship Rena dumped oil into the sea and onto the shores, harming regional wildlife.6 In January 2012, a cruise liner dramatically sunk off the coast of Italy, killing at least twenty-one passengers.7 Tragedies on the maritime commons present unique considerations.8 On ships, there is a preliminary question of what authority can set and enforce standards on these floating islands. Then, the question of what authority should have jurisdiction arises. The list of potential candidates is long: should it follow the ship owner’s nationality, the crew’s nationality,9 the incident site, or any of a host of other factors? Further complicating the analysis is the possibility that multiple authorities should exercise jurisdiction. For at least four reasons, States, for their part, are invested in regulating seas, even those far from their coastline. First, tragedies can strike in any country’s backyard. Second, even local mishaps such as pollution can have consequences far from the site. Third, every State has an interest in maintaining the utility of the sea. Fourth, States are interested in regulating and protecting their nationals around the world. However, a 3. United Nations International Maritime Organization [IMO], International Shipping Facts and Figures, 7 (2011), http://www.imo.org/KnowledgeCentre/ShipsAndShippingFactsAndFigures/ Statisticalresources/Documents/December%202011%20update%20to%20July%202011%20version %20of%20International%20Shipping%20Facts%20and%20Figures.pdf. 4. RMT, supra note 2, at 36-37. 5. See articles listed at Gulf of Mexico Oil Spill, N.Y. TIMES, http://topics.nytimes.com/top/reference/timestopics/subjects/o/oil_spills/gulf_of_mexico_2010/index .html (last visited March 16, 2013). 6. Oil Spill Disaster New Zealand’s ‘Worst in Decades’, BBC (Oct. 11, 2011), http://www.bbc.co.uk/news/world-asia-pacific-15251319. 7. Italy Extends Probe on Cruise Ship Accident, REUTERS (Feb. 22, 2012), http://www.reuters.com/article/2012/02/22/italy-ship-investigation-idUSR1E8CQ02620120222. 8. Consider, for example, the different risk preferences in the United States and China. American factory safety standards are more stringent than China’s. As one observer noted after a recent fatal Chinese factory fire, “[W]hat’s morally repugnant in one country is accepted business practices in another . .” Charles Duhigg and David Barboza, In China, Human Costs are Built Into an iPad, N.Y. TIMES (Jan. 25, 2012), http://www.nytimes.com/2012/01/26/business/ieconomy- apples-ipad-and-the-human-costs-for-workers-in-china.html?pagewanted=all. 9. Ships’ crews are representative of the global nature of the business: more than 1.5 million seafarers of nearly every nationality operate ships. IMO, International Shipping Facts and Figures – Information Resources on Trade, Safety, Security, Environment, at 9 (March 6, 2012), http://www.imo.org/KnowledgeCentre/ShipsAndShippingFactsAndFigures/TheRoleandImportanceo fInternationalShipping/Documents/International%20Shipping%20- %20Facts%20and%20Figures.pdf. http://digitalcommons.law.ggu.edu/annlsurvey/vol19/iss1/12 2 Powell: Flags of Convenience 2013] INTERNATIONAL LEGAL REGIME CREATES 265 system in which States project unrestrained regulatory power far from their coastlines would be untenable for at least two reasons.10 First, this unrestrained regulatory power may result in commerce-crippling conflicting jurisdiction. United States Supreme Court Justice Jackson presciently emphasized this insight when he wrote: [T]he virtue and utility of sea-borne commerce lies in its frequent and important contacts with more than one country. If, to serve some immediate interest, the courts of each were to exploit every such contact to the limit of its power, it is not difficult to see that a multiplicity of conflicting and overlapping burdens would blight international carriage by sea.11 Second, extraterritorial regulation raises a national sovereignty concern. As Chief Justice Marshall famously penned in the seminal United States Supreme Court case on the matter, “[t]he jurisdiction of the nation within its own territory is necessarily exclusive and absolute.”12 Therefore, a sovereign rightfully claims that foreign powers lack jurisdiction within its land borders. A sovereign would similarly object to foreigners reaching for jurisdiction over its local seas or vessels over which it accepted sovereignty. The limits on regulating the maritime commons inherent in a Westphalian system of nation-States has long been resolved by assigning regulatory, criminal, and civil jurisdiction to a vessel’s State of Registration.13 In other words, the laws of the nation that charter the vessel – which corresponds to the flag the ship flies – govern most aspects of the ship’s operations as well as personal conduct onboard. This compromise is referred to as the “law of the flag.” In order for the law of the flag to satisfy States’ collective maritime interests, registering States must promulgate and enforce legal regimes 10. This is a long-standing conundrum of conflict of law. The United States considered its implications for State-exercised personal jurisdiction in Pennoyer v. Neff, 95 U.S. 714, 722 (1877) And so it is laid down by jurists, as an elementary principle, that the laws of one State have no operation outside of its territory, except so far as is allowed by comity; and that no tribunal established by it can extend its process beyond that territory so as to subject either persons or property to its decisions. 11. Lauritzen v. Larsen, 345 U.S. 571, 581 (1953). 12. The Schooner Exch. v. McFaddon, 11 U.S. 116, 136 (1812). This was the Supreme Court’s first case concerning the United States Federal Courts' jurisdiction over a claim against a friendly foreign military vessel visiting an American port. Interpreting customary international law, the Court concluded that there was no jurisdiction. 13. BOLESLAW ADAM BOCZEK, FLAGS OF CONVENIENCE: AN INTERNATIONAL LEGAL STUDY 158 n.5 (Harvard University Press, 1962) (identifying a number of authoritative sources for this proposition and asserting that “[t]his has been confirmed by practically all writers.”). Published by GGU Law Digital Commons, 2013 3 140 Annual Survey of International & Comparative Law, Vol. 19 [2013], Iss. 1, Art. 12 266 ANNUAL SURVEY OF INT’L & COMP. LAW [Vol. XIX that protect sister States’ reasonable interests. That requirement leads to two simple questions. First, what sorts of States are less likely to create or enforce such a regime? Second, how can sister States legally protect their interests when the registering State fails to do so? One set of States that might neglect to create or enforce a maritime legal regime are those willing to register, or to “flag” ships with which they have minimal or no connection. Perhaps the ship’s owner, operator, captain, and crew are from a different State. Or maybe the ship’s operations are unconnected with the flag State: for example, the ship may never dock there or carry cargo relevant to the flag State.
Recommended publications
  • July/Aug/Sept 2018
    - meeting needs of special populations 658 Valley Street – Lewistown, PA 17044 717-248-1111 877-741-7411 July-September 2018 the NuVisions Updater On a Sunny Summer’s Day! It was a beautiful and windy day at Bender Park in Reedsville, the site of our Life Skills meeting and Picnic. Despite a few cups and plates flying around helter-skelter, the day was just perfect. The breeze and the shade of the pavilion protected us all from the scorching sun. It was a great day to be outdoors. June 14th was Flag Day and we decided to weave that into our meeting and make it the theme for our event. Everyone came dressed in Red, White or Blue, or all three, to show off our flag’s colors. Katye discussed the making of the American flag-what it stands for etc. She also discussed flags in general and why we have flags. Thank you, Katye. We also created a flag themed wreaths. It was great to see all of the creative juices get rolling. Thanks to everyone who helped our customers make their wreath. No picnic is complete without good picnic fare and this year Wanda Bowmaster and her husband Paul were at the grill. They did a great job grilling up some great food. Before we ate, Kay Groff said the blessing as she likes to do and we like her doing it. It was a very nice day, and we are so happy for all who came out to celebrate our group and the special day we call FLAG DAY.
    [Show full text]
  • Guide to Shipping Register and Shipping Tax Regime in Hong Kong Contents
    Guide to Shipping Register and Shipping Tax Regime in Hong Kong Contents The Hong Kong Shipping Register 1 Taxation of Shipping Profits in Hong Kong 8 Schedule 12 The Hong Kong Shipping Register Until 3 December 1990, the United Kingdom Merchant Shipping Acts (the “Acts”) (except for the Merchant Shipping Act 1988) applied to registration of ships and to mortgages of ships in Hong Kong. A ship registered at the Port of Hong Kong was, therefore, a British ship. Hong Kong reverted to Chinese sovereignty on 1 July 1997 and became a Special Administrative Region of the People’s Republic of China. Section VIII of Annex I to the Sino- British Joint Declaration which relates to the transfer of sovereignty states that: “The Hong Kong Special Administrative Region shall maintain Hong Kong’s previous systems of shipping management and shipping regulation, including the system for regulating conditions of seamen. The specific functions and responsibilities of the Hong Kong Special Administrative Region Government in the field of shipping shall be defined by the Hong Kong Special Administrative Region Government on its own. Private shipping businesses and shipping-related businesses and private container terminals in Hong Kong may continue to operate freely. The Hong Kong Special Administrative Region shall be authorised by the Central People’s Government to continue to maintain a shipping register and issue related certificates under its own legislation in the name of ‘Hong Kong, China’.” The Hong Kong Government appointed a Steering Committee in 1987 to advise the Government on the establishment of an independent shipping registry. The result was enacted as the Merchant Shipping (Registration) Ordinance (Cap 415) (the “Ordinance”), which came into effect on 3 December 1990.
    [Show full text]
  • SHIP ARREST in PANAMA (QUESTIONS 1 to 9)
    SHIP ARREST IN PANAMA (QUESTIONS 1 to 9) 1. Please give an overview of ship arrest practice in your country. The Republic of Panama and the Panama Canal are brand names in international shipping. The Panamanian Ship Registry is the largest in the world in number of vessels as well as tonnage. The Panama Canal is a focal point since there are over 21,000 ships calling Panamanian Ports every year and over 14,000 of them transit the waterway. Until March, 1982, a United States Federal District Court for the Canal Zone (1) handled maritime claims at the Panama Canal. Since then, as a result of the Panama Canal Treaty Torrijos-Carter, Panama took over its maritime jurisdiction and the Maritime Court of Panama was created by Law 8 of 1982, which also adopted procedural rules closely patterned following the U.S. Rules of Civil Procedure. Since 1982 Maritime Court of Panama functioned as a specialized tribunal where the Judge is required by law to bear maritime law expertise; today there are two specialized maritime courts, being a direct consequence of a growing practice in the maritime litigation field. Furthermore, the National Assembly of Panama adopted a bill amending the existing procedural rules for admiralty claims. The Maritime Code of Panama amended by Law 12 of 2009, fashioned after the U.S. Supplemental Rules for certain Admiralty and Maritime Claims of Federal Rules of Civil Procedure, incorporated American procedural devices such as: oral trials, discovery, arrests procedures, limitation of liability and mixed in rem and in personam claims. All ships present in Panama, whether transiting the canal or calling any port, are subject to the jurisdiction of the Maritime Courts of Panama.
    [Show full text]
  • 1963 REGISTRATION of SHIPS UNDER CONSTRUCTION 2 .Pdf 195.65 KB
    (iNTERNATIONALMARITIME COMMITTEE J International Subcommittee on REGISTRATION OF SHIPS UNDER CONSTRUCTION 2. REPLIES TO QUESTIONNAIRE ITALY RSC 4 SWEDEN RSC 5 DENMARK RSC 6 NETHERLANDS RSC 7 GERMANY RSC8 FEBRUARY 1963 RSC -4 11 - 62 ITALIAN MARITIME LAW ASSOCIATION REGISTRATION OF SHIPS UNDER CONSTRUCTION REPLY TO THE QUESTIONNAIRE I. The questionnaire. Registration of ships under construction in an official register is compulsory in Italy, pursuant to article 233 of the navigation code which reads as follows 233. (Declaration of construction). Whoever undertakes the con- struction of a vessel or craft shall previously file with the competent office of the place where the construction of the hull is going to be carried out a declaration thereof indicating the yard and the factory where the hull and the propelling machinery will be constructed. and the names of the persons who will be in charge of such construction. The office shall register such declaration in the register of ships under construction. The changement of the persons in charge of the constructions shall likewise be notified to the office and endorsed on the registrar. Registration of ships under construction must be effected, as stated in article 233 of the navigation code, prior to the commencement of the construction. The following instruments may be registered, when they refer to ships under construction: Shipbuilding contracts (article 238 of the navigation code). Contracts of sale (art. 2684 n. i of the civil code). Contracts which constitute or modify rights of usufruct or of use on a ship or which transfer such rights (article 2684 n. 2 of the civil code).
    [Show full text]
  • Union Flag Or Union Jack?
    UNION FLAG OR UNION JACK? An Official Flag Institute Guide INDEX Foreword by the Chairman of the Flags & Heraldry Committee ...............................................................1 Introduction ............................................................................................................................................2 David Lister .............................................................................................................................................2 The Many Names of the Flag ...................................................................................................................3 Derivation of the Word “Jack” .................................................................................................................3 Origins of Flags in the Fore of Ships .........................................................................................................3 The Name of the Flag in Royal Proclamations ......................................................................................... 4 The Name of the Flag in Official Statements ........................................................................................... 6 Writers About Flags ................................................................................................................................ 6 The Jack and the Jack-Staff ...................................................................................................................... 8 Conclusion: Union Flag or Union Jack? .................................................................................................
    [Show full text]
  • Chapter 6: Registra Tion
    CHAPTER 6: REGISTRA TION Concept of ship registration It would be expected that most countries with a maritime industry,regardless of its size or state of development, would be broadly familiar with the concept of ship registration. This is a concept which has been presentsince shipshave been flying flags at their masts. Registration confers a "nationality" on a-ship and this gives the ship the right to fly the flag of the country in which it is registered. Ship registration is thus a process by which nationality and related rights and duties are conferr~d on a ship. The country in which the ship is registered also assumesjurisdiction over the ship. Any country that wishes to acquire and develop a national fleet needsto establish a shipping register. All the countries that participated in the ESCAP shipping policy project have national registers at present, but this was not the case when developing countries first acquired tonnage. In some casesthe vesselshadto be registered under another flag, until the national register was established. The acquisition and the development of national fleet(s) have thusprovided the nucleus for the development of the institutional and legal structure required for modem shipping and the developmentof maritime related industries. During the 1980sthe attention of shipping policy makers particularly from developed maritime countries around the world was drawn more closely to the subject of shipping registration as many shipowners, attempting to improve theircompetitive position in tight shipping markets, moved their ships to what were commonly called open registers. 95 Chapter6 "Open registers" were flexible with regard to the ownership of the vessels that could be registered while "closed registers" required that the ownershiprested in nationals of the country of registry.
    [Show full text]
  • Flags and Banners
    Flags and Banners A Wikipedia Compilation by Michael A. Linton Contents 1 Flag 1 1.1 History ................................................. 2 1.2 National flags ............................................. 4 1.2.1 Civil flags ........................................... 8 1.2.2 War flags ........................................... 8 1.2.3 International flags ....................................... 8 1.3 At sea ................................................. 8 1.4 Shapes and designs .......................................... 9 1.4.1 Vertical flags ......................................... 12 1.5 Religious flags ............................................. 13 1.6 Linguistic flags ............................................. 13 1.7 In sports ................................................ 16 1.8 Diplomatic flags ............................................ 18 1.9 In politics ............................................... 18 1.10 Vehicle flags .............................................. 18 1.11 Swimming flags ............................................ 19 1.12 Railway flags .............................................. 20 1.13 Flagpoles ............................................... 21 1.13.1 Record heights ........................................ 21 1.13.2 Design ............................................. 21 1.14 Hoisting the flag ............................................ 21 1.15 Flags and communication ....................................... 21 1.16 Flapping ................................................ 23 1.17 See also ...............................................
    [Show full text]
  • Recommended Reading List
    Recommended reading list General reading Bray, Capt David. DP operator’s handbook: a practical guide . Nautical Institute, 2009 Carson-Jackson, Jilian. A simulation instructor’s handbook: the learning game. Nautical Institute, 2010 Clark, Ian. Stability, trim and strength for merchant ships and fishing vessels (2nd edn). Nautical Institute, 2008 Dykstra, Don. Commercial management in shipping . Nautical Institute, 2005 Gorton, Lars, Hilenius, Patrick, Ihre, Rolf and Sandevärn, Arne. Shipbroking and chartering practice (7th edn). Informa, 2009 Hopkins, Frederick and Watkins, Gordon. Business and law for the shipmaster (7th edn). Brown, Son & Ferguson, 1989 Incoterms 2010 . International Chamber of Commerce, 2010 Isbester, Capt Jack. Bulk carrier practice: a practical guide (2nd edn) . Nautical Institute, 2010 Mills, Stephen. Bills of lading: a guide to good practice (2nd edn). Witherby, 2005 Ozcayir, Oya. Port state control (2nd edn). Informa, 2004 Port and terminal management . ICS, 2013 Maclachlan, Malcolm. The shipmaster’s business companion (4th edn). Nautical Institute, 2004 Tallack, Robert. Commercial management for shipmasters: a practical guide . Nautical Institute, 2000 Wilson, John. Carriage of goods by sea (7th edn). Longman, 2010 Journals Containerisation International (monthly) Fairplay (weekly) Journal of Transport Economic and Policy (three times a year) Lloyd’s List (daily) Lloyd’s Shipping Economist Maritime Policy and Management (seven times a year) Offshore Support Journal (10 times a year) Trade Winds (weekly) Associations
    [Show full text]
  • Vexillum, March 2018, No. 1
    Research and news of the North American Vexillological Association March 2018 No. Recherche et nouvelles de l’Association nord-américaine de vexillologie Mars 2018 1 INSIDE Page Editor’s Note 2 President’s Column 3 2017 NAVA Membership Map 3 Steamboat’s a-Comin’: Flags Used Incorporating NAVA News and Flag Research Quarterly Afloat in the Nineteenth Century 4 The Mississippi Identity: Summary of an Academic Project in Flag Design 11 Flag Heritage Foundation: Japanese Heraldry and Heraldic Flags 12 Regional Groups Report: PFA and VAST 12 • Grants Committee Report • Letters • New Flags • Projected Publication Schedule 13 11 Oh Say, Can You See...? 14 Captain William Driver Award Guidelines 16 Treasurer’s Report 16 Flags for the Fallen 18 Annual Meeting Notice, Call for Papers 24 18 4 2 | March 2018 • Vexillum No. 1 March / Mars 2018 Issue 1 / Numéro 1 Editor's Note | Note de la rédaction Dear Reader: No. 1 Welcome to the first edition of Vexillum. Please allow me to explain its origins and our Research and news of the North American plans for it. Vexillological Association / Recherche et NAVA has a long history of publishing for its members and others interested in vexill- nouvelles de l’Association nord-américaine ological matters. NAVA News began in 1967 as a newsletter about association affairs, and de vexillologie. Published quarterly / Publié later expanded its coverage to include reprints of newspaper articles about flags and original quatre fois par an. research papers. Raven has delivered twenty-four volumes of peer-reviewed vexillological Please submit correspondence and research since 1994. In 2013, Flag Research Quarterly was launched to provide a forum for submissions to / Veuillez envoyer toute correspondance à l’adresse suivante: amply illustrated, shorter research articles.
    [Show full text]
  • The Merchant Shipping (Registration of Ships, Sales and Mortgages) Laws of 1963 to 20051
    THE MERCHANT SHIPPING (REGISTRATION OF SHIPS, SALES AND 1 MORTGAGES) LAWS OF 1963 TO 2005 LAW No 45 OF 1963 AS AMENDED A LAW TO PROVIDE FOR THE REGISTRATION OF SHIPS, THE TRANSFER OR TRANSMISSION AND THE MORTGAGE THEREOF AND FOR MATTERS INCIDENTAL THERETO The House of Representatives enacts as follows: PART I - PRELIMINARY Short title. 1. The Merchant Shipping (Registration of Ships, Sales and Mortgages) Laws of 1963 to 2005 shall be cited together as the Merchant Shipping (Registration of Ships, 45 of 1963 32 of 1965 Sales and Mortgages) Laws of 1963 to 2005, and shall be read as one with the Code, 82 of 1968 and the Merchant Shipping (Safety and Seamen) Law. 62 of 1973 102 of 1973 42 of 1979 25 of 1980 14 of 1982 57 of 1986 64 of 1987 28(I) of 1995 37(I) of 1996 138(I) of 2003 169(I) of 2004 108(I) of 2005. Cap 292 38 of 1963. Interpretation. 2. — (1) In this Law, unless the context otherwise requires - " the Code" means the Merchant Shipping Acts, 1894 to 1954, of the United 57 and 58 Vict. Kingdom, to the extent of their application to the Republic and subject to the c. 60- 2 and 3 necessary modification required under its Constitution; Eliz. 2 c. 18. " Community shipmanagement company " means a corporation providing 2 of 108(I)/2005. shipmanagement services , which has been established and operates in accordance with the laws of a Member State and which has its registered office, central administration or principal place of business within the European Economic Area ; "consular officer of the Republic" means the member of the consular service of the Republic nominated by the Council of Ministers for this purpose and includes any other person nominated by the Council of Ministers to be a consular officer of the Republic for the purposes of this Law; 1 Consolidation Note : Includes the latest amendments introduced by Law 108(I)/2005.
    [Show full text]
  • The Liberian Shipping Registry
    World Maritime University The Maritime Commons: Digital Repository of the World Maritime University World Maritime University Dissertations Dissertations 1999 The Liberian shipping registry : strategies to improve flag state implementation and increase market competitiveness Christian Gbogboda Herbert World Maritime University Follow this and additional works at: http://commons.wmu.se/all_dissertations Part of the Strategic Management Policy Commons Recommended Citation Herbert, Christian Gbogboda, "The Liberian shipping registry : strategies to improve flag state implementation and increase market competitiveness" (1999). World Maritime University Dissertations. 143. http://commons.wmu.se/all_dissertations/143 This Dissertation is brought to you courtesy of Maritime Commons. Open Access items may be downloaded for non-commercial, fair use academic purposes. No items may be hosted on another server or web site without express written permission from the World Maritime University. For more information, please contact [email protected]. WORLD MARITIME UNIVERSITY Malmö, Sweden THE LIBERIAN SHIPPING REGISTRY: STRATEGIES TO IMPROVE FLAG STATE IMPLEMENTATION AND INCREASE MARKET COMPETITIVENESS By CHRISTIAN G. HERBERT Liberia A dissertation submitted to the World Maritime University in partial fulfilment of the requirements for the award of the degree of MASTER OF SCIENCE in MARITIME SAFETY AND ENVIRONMENTAL PROTECTION (MSEP) (Administration) 1999 Ó Copyright Christian G. Herbert, 1999 DECLARATION I certify that all the material in this dissertation that is not my own work has been identified, and that no material is included for which a degree has previously been conferred on me. The contents of this dissertation reflect my own personal view, and are not necessarily endorsed by the University. ……………………………………………………… (Signature) ……………………………………………………… (Date) Supervised by: Name: Dr.
    [Show full text]
  • MARITIME REGISTRATION Euromar/Portugal, Germany, Hong Kong, Liberia, Luxembourg, Marshall Islands, Sweden, Antigua & Barbuda
    E-Avis ISDC 2018-15 MARITIME REGISTRATION Euromar/Portugal, Germany, Hong Kong, Liberia, Luxembourg, Marshall Islands, Sweden, Antigua & Barbuda Current to: 6 April 2018 Please refer to as: K. Nadakavukaren / A. Aronovitz / J. Curran / S. De Dycker / J. Fournier / N. Strainer / M. Sychold / S. Tscheulin / H. Westermark, Legal Opinion on Maritime Registration, current to : 6 April 2018 E-Avis ISDC 2018-15, available on www.isdc.ch. This text may be downloaded for personal research purposes only. The Swiss Institute of Comparative Law does not accept liability for any other use of the text. Any additional reproduction for other purposes, whether in hard copy or electronically, requires the consent of the Institute. E-Avis ISDC Série de publications électroniques d’avis de droit de l’ISDC / Elektronische Publikationsreihe von Gutachten des SIR / Serie di pubblicazioni elettroniche di pareri dell’Istituto svizzero di diritto comparato / Series of Electronic Publications of Legal Opinions of the SICL 17-183 2 Table des matières I. INTRODUCTION .......................................................................................................................... 5 A. EUROMAR/PORTUGAL .............................................................................................................. 10 1. Introduction .............................................................................................................................. 10 1.1. Background on role of shipping in local economy ................................................................
    [Show full text]