Disentangling the "Genuine Link": Enquiries in Sea, Air and Space Law

While the UN Convention on the Law of the Sea contains the requirement that there exist a genuine link between a ship and its flag State, neither what constitutes that link, nor the effect of its absence has been determined with unambiguous clarity. In addition, it must be enquired whether the genui...

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Bibliographic Details
Published in:Nordic journal of international law = Acta scandinavica juris gentium 2010-01, Vol.79 (3), p.383-432
Main Author: Cogliati-Bantz, Vincent
Format: Article
Language:English
Subjects:
AIRCRAFT
Citizenship
Congresses and Conventions
GENUINE LINK
International law
Law
Maritime Law
NATIONALITY
Requirements
SHIPS
SPACECRAFT
Studies
Transportation
United Nations
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Summary:While the UN Convention on the Law of the Sea contains the requirement that there exist a genuine link between a ship and its flag State, neither what constitutes that link, nor the effect of its absence has been determined with unambiguous clarity. In addition, it must be enquired whether the genuine link is a requirement that concerns the opposability of the nationality, or the duties of the flag State once the nationality is conferred, or both. The fact that the genuine link as a requirement has not been singled out expressly in the relation between a State of registry and an aircraft or a space object calls for an analysis of the legal mechanisms in air law and space law in order to determine what meaningful connections are established between these means of transportation and States. [PUBLICATION ABSTRACT]
ISSN:0902-7351
1571-8107
DOI:10.1163/157181010X512567