Nationality and Registration of Ships: Concept and Practice

Abstract

A cardinal principle in international law is that jurisdiction over a vessel on the high seas resides solely with the state to which the vessel belongs. A second principle, which is a corollary of the first, is that all vessels using the high seas must possess a national character. The concept of the flag in maritime law and practice is virtually synonymous with ship registration. Indeed, the expressions “nationality”, “flag” and “registration” are often used interchangeably. However, they each have a distinct and essential significance in so far as they all relate to the identification and exercise of jurisdiction over ships. There are legal implications that need to be appreciated in light of these distinctions; and furthermore, the interrelationship between a ship’s nationality, registration and ownership needs to be clearly understood because these matters raise some contentious issues and have in certain contexts evoked emotional and sensitive responses.