ABSTRACT

UN Convention on the Condition for Registration of Ships (1986) reflects differing aims and interests, and has as its salient feature coastal state’ responsibility for ships registered in that state. As a result, a requirement for registration is a genuine link between a particular territory and ship. In the Convention obligations are enforced on coastal states to implement legislation for the shipping industry to make sure that ship within the jurisdiction of each member state obligate genuine link with that state and to safeguard states adversely impacted by the control of the state of registration. Nevertheless, this instrument reflects many legal issues as well as political disagreements which have brought a situation where many states have rejected to ratify the Convention and therefore, blocked its entry into force. In this respect, this paper’s purpose is to identify the relevant legal issues which made impossible the ratification of this Convention. The authors’ opinion is that the genuine link and dual registration issue as well as other legal concerns have been the main causes of disagreement between states which subsequently prevented the Convention to entry into force.