Problems related to the nationality of a ship

Abstract

International Public Law and the United Nations Convention on the Law of the Sea (UNCLOS), opened for signature in December of 1982, acknowledge the right of each state to fix the conditions for the grant of its nationality to ships. States enjoy broad discretion to determine the legal requirements for a ship to be entitled to fly their flag and be registered in the state's territory, with the only limitation that there must be a genuine link between the State and the ship, as required by the UNCLOS. Problems arising on the granting (or not granting) of nationality to ships must be resolved using the frame of the UNCLOS. These problems may arise because the nationality of the ship is fictitious, since the ship has a stronger link with a state different from the one its flag is flying, or because the granting of the nationality was fraudulent.