Please use this identifier to cite or link to this item: https://www.um.edu.mt/library/oar/handle/123456789/28991
Title: An analysis of the evolution of the concept of genuine link in shipping law through international judgments
Authors: Hili, Francesca
Keywords: Ships -- Nationality
Law of the sea
Jurisdiction over ships at sea
Issue Date: 2017
Abstract: The concept of genuine link refers to the link that exists between a vessel and flag state through which a vessel acquires nationality. The lack of agreement on a definition of the concept has led to disagreements as to the parameters of the concept and there have always been questions which remained unanswered. The vagueness of the concept as introduced in legislation means that there is still uncertainty as to the means necessary to confirm that genuine link exists and the possible consequences at the absence of genuine link. Thus this term paper aims to analyse the concept of genuine link and its effect on shipping law from a case law perspective. The history and evolution of the concept throughout the years is documented in various legislative instruments and their travaux préparatoires and an analysis of relevant case law gives insight into the interpretation of the concept given by the International Court of Justice, the Court of Justice of the European Union and the International Tribunal of the Law of the Sea. Judges’ opinions on the concept given in correlation to the relevant cases are also taken into consideration when analysing the interpretation of genuine link because although less authoritative than the Courts’ judgements they give insight into the understanding of the concept by the legal community. The paper concludes by attempting to explore the concept from a practical point of view and by analysing the evolution of the concept through case law and its effect on the shipping industry in the current practical reality.
Description: LL.B
URI: https://www.um.edu.mt/library/oar//handle/123456789/28991
Appears in Collections:Dissertations - FacLaw - 2017
Dissertations - FacLawInt - 2017

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