Application of the Genuine Link Doctrine on Granting Nationality to Ships by the Flag State

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MIRABBASI SEYYED BAGHER; HASHEMI SEYED MOSTAFA

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Journal Paper

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Journal: INTERNATIONAL LAW REVIEW Year:2020 | Volume:- | Issue:62 Page(s): 29-58

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Information Journal Paper

Title

Application of the Genuine Link Doctrine on Granting Nationality to Ships by the Flag State

Author(s)

MIRABBASI SEYYED BAGHER | HASHEMI SEYED MOSTAFA | Issue Writer Certificate

Keywords

Genuine LinkQ1

Flag StateQ1

International ShippingQ1

International Tribunal for the Law of Sea (ITLOS)Q1

Abstract

Nationality is a legal component of the ship's operation in International Shipping which is granted by the Flag State and the ship is granted the nationality by flying the flag of the Flag State. There is a fundamental resemblance between granting nationality to ships and granting nationality to the natural persons by a State. On the matter of granting nationality to a natural person, there should be a Genuine Link between the granting States and the receiving person. In case of a lack of a Genuine Link between the State and person, other States may refuse to recognize the nationality given by a State on the basis of the judgment of the International Court of Justice. A great majority of the ships operating in International Shipping lack a Genuine Link with their Flag States amounting to a lack of jurisdiction and effective control on the ship by the Flag State and violation of the international regulations by such ships. This paper examines the possibility of applying the Genuine Link doctrine on the shipping industry and the possibility of the other States refusing to recognize the nationality granted to the ship by the Flag States in the case of lack of a Genuine Link between them.

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APA: Copy

MIRABBASI, SEYYED BAGHER, & HASHEMI, SEYED MOSTAFA. (2020). Application of the Genuine Link Doctrine on Granting Nationality to Ships by the Flag State. INTERNATIONAL LAW REVIEW, -(62 ), 29-58. SID. https://sid.ir/paper/409494/en

Vancouver: Copy

MIRABBASI SEYYED BAGHER, HASHEMI SEYED MOSTAFA. Application of the Genuine Link Doctrine on Granting Nationality to Ships by the Flag State. INTERNATIONAL LAW REVIEW[Internet]. 2020;-(62 ):29-58. Available from: https://sid.ir/paper/409494/en

IEEE: Copy

SEYYED BAGHER MIRABBASI, and SEYED MOSTAFA HASHEMI, “Application of the Genuine Link Doctrine on Granting Nationality to Ships by the Flag State,” INTERNATIONAL LAW REVIEW, vol. -, no. 62 , pp. 29–58, 2020, [Online]. Available: https://sid.ir/paper/409494/en

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