Ship registration under international law : an analysis of the international efforts aimed at combatting fraudulent registration

Abstract

This dissertation examines ship registration which is vital to the preservation of the safety and security of maritime transport. This research analyses how, through registration, States are required to fulfil their obligations to effectively monitor and control vessels flying their flag by virtue of exclusive flag State jurisdiction. This obligation to exercise effective jurisdiction is also examined from the perspective of the genuine link imposed by the United Nations Convention on the Law of the Sea. This study subsequently elaborates on the contentious practice of fraudulent ship registration. The dissertation explores how fraudulent registration manifests itself in different forms. It generally takes place without the knowledge of the flag State and is achieved through a combination of strategies that range from, inter alia, falsified documentation being submitted to registry websites which appear legitimate but are not, to the use of shell companies which pose as though they are conducting the lawful functions of a flag State but are in effect fraudulent. Furthermore, the research establishes that perpetrators who practice fraudulent registration do so to conceal illicit activities on board vessels or to evade international sanctions. The research analyses how the international community is combatting fraudulent registration by examining measures, resolutions, circulars, and reports drawn up by international organizations including the International Maritime Organization, the United Nations Security Council and the United Nations Conference on Trade and Development. The research examines the effectiveness of existing measures and whether these are being implemented by States. The dissertation aims to raise awareness about fraudulent registration which shackles the integrity of maritime transportation and endangers maritime safety and security. The research concludes that the practice may be combatted through international cooperation between States and with the political will to establish binding rules and regulations to fight this threat.