The Nationality of Ships by H. Meyers (auth.)
By H. Meyers (auth.)
It supplies me nice excitement to introduce this paintings by way of Dr. H. Meyers. the matter of "The Nationality of Ships" has lengthy been probably the most tough difficulties within the foreign legislation of the ocean. it's been made extra acute lately via the expansion of "flags of convenience". Legally, the matter has been complex or simplified-according to one's element of view-by the emergence of the idea that of the "genuine hyperlink" linked to the Judgment of the overseas court docket of Justice within the Nottebohm case (second part) in 1955. different strengthen ments have integrated the thorough preparatory paintings of the Internation al legislations fee prime as much as the United countries convention at the legislations of the ocean, held in Geneva in 1958; the debates at that Con ference and especially its adoption of the conference at the excessive Seas; and at last the Advisory Opinion of the foreign court docket of Justice within the case about the structure of the Maritime security Committee of the Inter-Governmental Maritime Consultative agency in 1960. these kind of advancements have thrown mild at the challenge ofthe allocation of ships to 1 or different of the politically organised territorial groups (or States) of which the current foreign society is essentially composed. yet an agreed answer appropriate to the entire pursuits involved turns out as far-off as ever. The query of ships operated by way of overseas associations similar to the United countries is one other challenge which awaits a passable answer.
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3 The only remark made was that of the Swedish delegate (Edelstam). to the effect that an attempt at definition was not likely to produce any result at the time (A/Conf. 13/40, p. 64). , Document A/Conf. 55. both in A/Conf. 13/40 on pp. 128 and 13 respectively. Voting on p. 75 of A/Conf. 13/40: British amendment 34 votes against. 12 in favour, 8 abstentions. Greek amendment 37 against. 5 in favour. 12 abstentions. The Greek amendment also dealt with another point and proposed in addition deletion of the words "a real transfer of ownership or".
There may be good grounds in favour of either very broad or very narrow definitions. It all depends upon what SUbject-matter is at issue. It would seem quite undesirable to adopt one and the same definition as obtaining for the whole ofthe law of the sea. It would, none the less, appear justified to state that an object not coming under the description in the opening part of the above-cited definition by Fran<;ois ("A ship is a device capable of traversing the sea") cannot be covered by any legal provision containing the term in question, with the exception of those intended to obtain, in particular, in shipyards and in internal waters.
Does the definition given in 1955 still apply in 1956 to the retained term? C. C. comment of 1955. Without any discussion or motivation of the votes3 both amendments' were rejected by a great majority. S. C. 29,30,31,and35. ThedraftofFran~ois (A CN 4/79, 6th Report, article 2) also gave "souverainete". C. Yearbook 1965 I, p. 4, par. 26 and p. 5, par. 28). Via a proposal for an amendment by Sandstr0m it was replaced without motivation or discussion by "jurisdiction"l (cj. C. Yearbook 1955 I, pp.