Ship registration systems and the challenges facing Maltese law

Abstract

The thesis commences with a review of the origins of ship registration. The functions and reasons of ship registration as well as the concepts of ascription of nationality to a vessel, the doctrine of the freedom of the high seas, from which emanates the concept of flag state jurisdiction, are also discussed in the preliminary part of the thesis. Other key issues tackled include: the concept of the freedom of states to fix conditions for the registration of their ships, the doctrine of the genuine link, the emergence of Flags of Convenience and the opposition to such Flags of Convenience as well as a description of different systems of ship registration. The tendency nowadays is to aim to achieve and maintain high standards irrelevant of the type of register operated. The emphasis lies on producing a quality register, attracting shipowners by providing for fiscal benefits and low operating costs, without at the same time compromising safety standards and therefore not giving any leeway for abuse. One must aim at achieving an optimum balance between minimum regulation and maximum flexibility on the one hand and high safety standards, inkeeping with international obligations, on the other hand. The thesis discusses whether the Maltese legal regime has managed to achieve such a balance. The answer appears to be in the affirmative. Even though tonnage under the Maltese flag has increased substantially, with Malta soaring to the sixth place in the world's merchant fleet the Malta Maritime Authority has still maintained its insistence on quality so as to keep its good name on the international maritime map. A steady development and excellent progress - however there exists the potential for further growth. Maltese law should be improved upon in order to further expand and enhance the Maltese ship register.