جنسية السفينة و ظاهرة أعلام المجاملة في الممارسة القانونية الدولية

Abstract EN

Article 91 of the United Nations Convention on the Law of the Sea of 1982 stipulates the obligation to have a Genuine Link between the state and the ship, in order for the latter to obtain the nationality of the state and to oblige the flag state to exercise its jurisdiction and control effectively over ships flying its flag, with regard to administrative, technical and social affairs related to it.

However, this principle does not apply in all cases, as there are countries that follow the open registration system for ships (also known under the pejorative term of Flags of Convenience States), where they register ships in their maritime records regardless of the nationality or place of residence of their actual owners, and this is to achieve the greatest extent From the financial income within the framework of the commercial exploitation of these ships, in return the ship operator benefits from reduced taxes, cheap labor and less strict legal restrictions in those countries.