What a Difference a Flag Makes. Why Ship Owners' Responsibility To
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THE PROLIFERATION SECURITY INITIATIVE: EVOLUTION and FUTURE PROSPECTS Jacek Durkalec
EU NON-PROLIFERATION CONSORTIUM The European network of independent non-proliferation think tanks NON-PROLIFERATION PAPERS No. 16 June 2012 THE PROLIFERATION SECURITY INITIATIVE: EVOLUTION AND FUTURE PROSPECTS jacek durkalec I. INTRODUCTION SUMMARY The Proliferation Security Initiative (PSI) is an The Proliferation Security Initiative (PSI) is an informal informal network of states committed to preventing the network of states seeking to strengthen their national and ‘trafficking of weapons of mass destruction (WMD), collective capacities to interdict materials related to their delivery systems, and related materials to and weapons of mass destruction (WMD). Despite the lack of means to objectively assess how effective the PSI has been from states and non-state actors of proliferation in fulfilling its main objective, it can be described as a concern’. The main goal of the PSI is to strengthen the qualified success. individual and collective capacities of participating However, the PSI faces a number of challenges in its ever- states to interdict proliferation-related components evolving fight against WMD proliferation: a( ) certain, at sea, in the air or on land once they have left their significant global actors are not involved in the PSI, (b) state of origin. Interdiction is broadly defined as any there are gaps in both the national legislations of PSI actions that result in the denial, delay or disruption of a participants and international legal frameworks, (c) shipment of proliferation concern.1 capacity-building activities within the PSI are irregular, The PSI focuses on direct, practical measures to (d) civilian law enforcement officers are not sufficiently enable effective interdiction of proliferation-related involved in PSI exercises, and (e) the PSI has so far failed to transfers. -
Criminal Code [Cap
CRIMINAL CODE [CAP. 9. 1 CHAPTER 9 CRIMINAL CODE To amend and consolidate the Penal Laws and the Laws of Criminal Procedure. 10th June, 1854 ORDER-IN-COUNCIL of the 30th of January, 1854, as amended by Ordinances: IV of 1856, VIII and IX of 1857, X of 1858, IX of 1859, V of 1868, VI of 1871, IV of 1874, III of 1877, I of 1879, III and VII of 1880, IV of 1882, III of 1885, II of 1886, IV and XVI of 1888, XIV of 1889, II of 1892, VIII of 1893, IV of 1894, III and X of 1896, IV of 1897; the Malta (Use of English Language in legal proceedings) Order-in-Council, 1899; Ordinances: III, VI, XI and XIII of 1899, XI, XII and XVI of 1900, VI and XVI of 1901, I of 1903, I and XII of 1904, XI of 1905, VIII of 1909, IV of 1910, IX of 1911, XII of 1913, II, VI and XII of 1914, IV of 1916, XIII and XIV of 1918; the Malta Constitution Letters Patent, 1921; Ordinance XVI of 1921; Acts: XII of 1922, I of 1924, XXVI of 1927, XVI of 1929; Ordinances: VI and VIII of 1930, XIII and XXVI of 1931, XVI of 1932, VI of 1933; Acts: XXVIII, XXXV and XLI of 1933; Ordinances: XXII, XXX and XXXVII of 1934, IX and XIII of 1935, XIV and XX of 1936, III and XV of 1937, I, XXIV, XXVII and XXXV of 1938, I and VI of 1939, XXIX of 1940; Government Notices Nos. -
Law of Thesea
Division for Ocean Affairs and the Law of the Sea Office of Legal Affairs Law of the Sea Bulletin No. 83 asdf United Nations New York, 2014 NOTE The designations employed and the presentation of the material in this publication do not imply the expression of any opinion whatsoever on the part of the Secretariat of the United Nations concerning the legal status of any country, territory, city or area or of its authorities, or concerning the delimitation of its frontiers or boundaries. Furthermore, publication in the Bulletin of information concerning developments relating to the law of the sea emanating from actions and decisions taken by States does not imply recognition by the United Nations of the validity of the actions and decisions in question. IF ANY MATERIAL CONTAINED IN THE BULLETIN IS REPRODUCED IN PART OR IN WHOLE, DUE ACKNOWLEDGEMENT SHOULD BE GIVEN. Copyright © United Nations, 2013 Page I. UNITED NATIONS CONVENTION ON THE LAW OF THE SEA ......................................................... 1 Status of the United Nations Convention on the Law of the Sea, of the Agreement relating to the Implementation of Part XI of the Convention and of the Agreement for the Implementation of the Provisions of the Convention relating to the Conservation and Management of Straddling Fish Stocks and Highly Migratory Fish Stocks ................................................................................................................ 1 1. Table recapitulating the status of the Convention and of the related Agreements, as at 30 November 2013 ................................................................................................................. 1 2. Chronological lists of ratifications of, accessions and successions to the Convention and the related Agreements, as at 30 November 2013 ................................................................................ 9 a. The Convention ....................................................................................................................... 9 b. -
The Whys and Wherefores of Registering Vessels Under Foreign Flags by Dave Gerr © 2013 Dave Gerr
Dave Gerr, CEng FRINA, Naval Architect www.gerrmarine.com The Whys and Wherefores of Registering Vessels Under Foreign Flags By Dave Gerr © 2013 Dave Gerr hink of flags and ships and you may picture frigates could be built in Australia, owned by a U.S. citizen, with a T under sail exchanging thundering broadsides until British captain and mate and largely Mexican and the vanquished strikes her colors. Or, perhaps, the ruse Philippine crew, but sailed under a Cayman Island flag. de guerre in which a vessel flies the flag of friendly The boat is still considered a Cayman Island vessel nation until it can get close enough to fire on its foe wherever it goes. What’s more, the wages paid to crews without warning. Then, there’s the skull and cross bones, from various developing-nation countries are usually the Jolly Roger, which no self respecting pirate would sail considerably less than U.S. or European crews command. without . of course. There are signal flags, and courtesy flags, and yacht club and owner’s burgees, and then Regulations and Restrictions there are flags of convenience . Flags of what? Nations which can register boats are signers of the International Maritime Organization (IMO) and therefore It’s natural to assume that a ship or boat would fly the technically enforce SOLAS (Safety of Life at Sea), flag of the country of its owner or the flag of its real MARPOL (International Convention for the Prevention of working homeport. In fact—at least for ships and large Pollution From Ships), and International Load Line yachts—this is seldom the case. -
Some Legal Problems Arising out of Foreign Flag Operations
Fordham Law Review Volume 28 Issue 2 Article 5 1959 Some Legal Problems Arising out of Foreign Flag Operations Louis R. Harolds Follow this and additional works at: https://ir.lawnet.fordham.edu/flr Part of the Law Commons Recommended Citation Louis R. Harolds, Some Legal Problems Arising out of Foreign Flag Operations, 28 Fordham L. Rev. 295 (1959). Available at: https://ir.lawnet.fordham.edu/flr/vol28/iss2/5 This Article is brought to you for free and open access by FLASH: The Fordham Law Archive of Scholarship and History. It has been accepted for inclusion in Fordham Law Review by an authorized editor of FLASH: The Fordham Law Archive of Scholarship and History. For more information, please contact [email protected]. Some Legal Problems Arising out of Foreign Flag Operations Cover Page Footnote Member of the New York Bar. This article is available in Fordham Law Review: https://ir.lawnet.fordham.edu/flr/vol28/iss2/5 SOME LEGAL PROBLEMS ARISING OUT OF FOREIGN FLAG OPERATIONS LOUIS R. HAROLDS* I. EFFECTS OF COMPETITION BY FLAG OF CONVENIENCE SHIPS ABOUT two years ago, the British film industry adroitly called public attention to some of the dangers involved in the growth of "flag of convenience" vessels, as seen through the eyes of many Europeans, par- ticularly those from traditionally maritime nations. In a comedy entitled "All at Sea," Sir Alec Guinness played the part of a seasick captain, faced with the need of supporting himself by utilizing his maritime experience. Finding an old dilapidated pier, which jutted out into the ocean along the seacoast of a small English town, the captain hit upon the idea of con- verting the pier into an amusement park outfitted as a vessel. -
Manning Policy Manual for Yachts
Manning Policy Manual Yachts engaged in trade 24m and over (Guidance for yachts not engaged in trade) Copyright © 2019 Cayman Islands Shipping Registry A division of MACI All Rights Reserved Table of Contents 1. Revision history ......................................................................................................................4 2. Introduction, purpose and application .................................................................................. 5 3. Applicable rules and regulations ...........................................................................................6 4. Definitions ...............................................................................................................................6 5. Maritime Labour Convention, 2006 .......................................................................................7 6. Seafarers’ Employment Agreement .......................................................................................8 7. LAP (Law & Administrative Procedures) ............................................................................. 8 8. English language ....................................................................................................................8 9. Recognition by endorsement of STCW Certificates of Competency .................................... 9 10. Seafarer’s Discharge Book .................................................................................................... 10 11. Ship’s Cooks......................................................................................................................... -
Car Flags at the Ministry for Foreign Affairs
QMFA 043/2015 Page 1 of 12 23 rd June 2015 Published Call for Quotations – QMFA 043/2015 CLOSING DATE: Thursday 9 th July, 2015 at 10:00 hours NOTE: It is within your Interest to READ the whole of this document When submitting offers by email, please include the above QMFA reference and Name of Call in the subject field. The Ministry for Foreign Affairs needs the following item/s: Supply and Delivery of Republic of Malta Car Flags at the Ministry for Foreign Affairs QMFA 043/2015 Page 2 of 12 Section A: Instructions to Tenderers: 1. General Instructions 1.1 In submitting a quotation, the bidder accepts in full and in its entirety, the content of this quotation document, including subsequent Clarifications issued by the Ministry for Foreign Affairs (MFA) whatever the bidder’s own corresponding conditions may be, which he hereby waives. Bidders are expected to examine carefully and comply with all instructions, forms, contract provisions and specifications contained in this call document. No account can be taken of any reservation in the quotation as regards the quotation document; any disagreement, contradiction, alteration or deviation shall lead to the quotations offer not being considered any further. 1.2 The subject of this Published Call for Quotations is to obtain prices for the supply and delivery of fifty (50) Republic of Malta Car Flags as set out in the attached financial offer. The flags should be compliant with Annex I: Technical Specifications for Car and Desk Flags and Annex II: Graphical Specifications for the National Flag of Malta of this section. -
A Guide to Yacht Finance
A GUIDE TO YACHT FINANCE Those seeking to purchase a yacht or superyacht may often need to borrow the funds in order to buy it. But there are a number of other financially sound reasons to pursue this route, even if you have already amassed enough wealth to buy the asset in the first place. These include both practical and legal arguments ranging from running-cost benefits to tax advantages. In this article, Jonathan Hadley-Piggin provides a definitive guide to yacht finance. Jonathan Hadley-Piggin 020 3319 3700 [email protected] www.keystonelaw.co.uk REGISTRATION AND FLAG PREFERENCE A flag state is the country under whose laws a yacht is registered. This might be the country in which the owner lives or a ship registry in a country more synonymous with the complexities that surround charters and yacht ownership. Registration also grants the privilege and protection of flying the flag of that particular country. Every maritime nation, and even some land-locked countries such as Switzerland, has a system of ship registration that permits the registration of mortgages and other security interests. In 1993, a centralised UK registry replaced the system of individual registries in each major port. The centralised registry is divided into four separate parts, of which two are relevant to yachts: PART I PART III This is the main register consisting of merchant ships This is for small ships of under twenty-four metres and yachts alike. It is a full title register and has the in length. Known as the Small Ships Registry (abbr. -
Liberian Registry Maritime Brochure 2016
THE LIBERIAN REGISTRY DISCOVER THE ESTABLISHED IN WORLD’S LEADING SHIP REGISTRY 1948 PROVIDING FIRST-CLASS SERVICE FOR MORE THAN 65 YEARS The Liberian Registry is the world’s largest quality registry, renowned for excellence, efficiency, safety and innovative service. LIBERIA has earned international respect for its dedication to flagging the world’s safest and most secure vessels. The Liberian Registry is recognized at the top of every industry “white-list” including the International Maritime Organization and “Quality is never an the major Port State Control authorities such as the U.S. Coast Guard as well as accident; it is always the Paris and Tokyo MOU regimes. the result of high The Liberian Registry is administered by the Liberian International Ship and intention, sincere Corporate Registry (LISCR, LLC), a private U.S. owned and globally operated company. LISCR is internationally recognized for its professionalism and com- effort, intelligent mitment to reduce redundant workflow procedures in order to increase efficiency. direction and skillful The Registry is managed by industry professionals who understand the business of shipping and corporate structures. Its proficient administration is one of the execution; it represents most effective and tax efficient ship and corporate registries in the world. the wise choice of The Registry has experienced exponential growth in fleet size and registered ton- many alternatives.” nage throughout its long history. In recent years, the Liberian Registry has grown by approximately 80 million gross tons, twice the growth rate claimed by its nearest —William A. Foster competitor over the same period, establishing beyond dispute that Liberia is far and away the fastest growing quality ship registry. -
Flags of Convenience: Maritime and Aviation Allan I
Journal of Air Law and Commerce Volume 79 | Issue 1 Article 4 2014 Flags of Convenience: Maritime and Aviation Allan I. Mendelsohn Follow this and additional works at: https://scholar.smu.edu/jalc Recommended Citation Allan I. Mendelsohn, Flags of Convenience: Maritime and Aviation, 79 J. Air L. & Com. 151 (2014) https://scholar.smu.edu/jalc/vol79/iss1/4 This Comment is brought to you for free and open access by the Law Journals at SMU Scholar. It has been accepted for inclusion in Journal of Air Law and Commerce by an authorized administrator of SMU Scholar. For more information, please visit http://digitalrepository.smu.edu. FILAGS OF CONVENIENCE: MARITIME AND AVIATION ALLAN 1. MENDELSOHN I. INTRODUCTION a former Deputy Assistant M SecretaryR. ALLAN of I. State MENDELSOHN, (Transportation Affairs) of the U.S. State Department, a long-standing member of this Journal's Advisory Board, an Adjunct Professor at Georgetown University Law Center, and currently Of Counsel in the Washington, D.C. of- fices of Cozen O'Connor, presented the following remarks as one of several speakers at the American University Aviation Law Conference on March 26, 2014.1 I want to say at the very outset that I am very pleased to have been invited to speak at this Conference and especially on this Panel that is focusing its attention on the hugely controversial and extremely important question of whether the Norwegian- owned airline, known as Norwegian Air International-or, as I shall call it for short, NAl-is in fact what is today known in international law as a "flag of convenience." What do we mean by "flag of convenience" and why are we focusing on this issue at all? Let me start out with the basics of the definition. -
How Flags of Convenience Let Illegal Fishing Go Unpunished
OFF THE HOOK How flags of convenience let illegal fishing go unpunished A report produced by the Environmental Justice Foundation 1 OUR MISSION EJF believes environmental security is a human right. The Environmental Justice Foundation EJF strives to: (EJF) is a UK-based environmental and • Protect the natural environment and the people and wildlife human rights charity registered in England that depend upon it by linking environmental security, human and Wales (1088128). rights and social need 1 Amwell Street • Create and implement solutions where they are needed most London, EC1R 1UL – training local people and communities who are directly United Kingdom affected to investigate, expose and combat environmental www.ejfoundation.org degradation and associated human rights abuses Comments on the report, requests for further copies or specific queries about • Provide training in the latest video technologies, research and EJF should be directed to: advocacy skills to document both the problems and solutions, [email protected] working through the media to create public and political platforms for constructive change This document should be cited as: EJF (2020) • Raise international awareness of the issues our partners are OFF THE HOOK - how flags of convenience let working locally to resolve illegal fishing go unpunished Our Oceans Campaign EJF’s Oceans Campaign aims to protect the marine environment, its biodiversity and the livelihoods dependent upon it. We are working to eradicate illegal, unreported and unregulated fishing and to create full transparency and traceability within seafood supply chains and markets. We conduct detailed investigations into illegal, unsustainable and unethical practices and actively promote improvements to policy making, corporate governance and management of fisheries along with consumer activism and market-driven solutions. -
Environmental Catastrophes and Flags of Convenience - Does the Present Law Pose Special Liability Issues?
Pace International Law Review Volume 3 Issue 1 Article 3 September 1991 Environmental Catastrophes and Flags of Convenience - Does the Present Law Pose Special Liability Issues? L. F.E. Goldie Follow this and additional works at: https://digitalcommons.pace.edu/pilr Recommended Citation L. F.E. Goldie, Environmental Catastrophes and Flags of Convenience - Does the Present Law Pose Special Liability Issues?, 3 Pace Y.B. Int'l L. 63 (1991) Available at: https://digitalcommons.pace.edu/pilr/vol3/iss1/3 This Article is brought to you for free and open access by the School of Law at DigitalCommons@Pace. It has been accepted for inclusion in Pace International Law Review by an authorized administrator of DigitalCommons@Pace. For more information, please contact [email protected]. ENVIRONMENTAL CATASTROPHES AND FLAGS OF CONVENIENCE-DOES THE PRESENT LAW POSE SPECIAL LIABILITY ISSUES? L.F.E. Goldiet INTRODUCTION Maritime flags are a symbol of nationality.' As such, they are generally thought to be important in determining when a re- lationship exists between a state and a ship and, thus when a vessel is subject to the law of that state.2 The flag of a vessel serves two different functions: it is a symbol of the nationality of the ship, which consequently designates the national law gov- erning the affairs of the vessel, and it identifies the location of those responsible for the vessel.3 For at least the last thirty years, the practice of some ship- owners of registering their ships under the flags of states with less stringent manning and safety requirements than states which traditionally have set the standards of safety, has led to controversies.