Legal Functions of Ship Registration
Ship registration is an administrative process by which a State grants a vessel its nationality. This process also includes the collection and presentation of a vessel’s documents for the purpose of demonstrating its national character.
The nature and purpose of registration are to determine the nationality of an ocean-going vessel and to enable that nationality to be identified anywhere. This general principle guides States in shaping their approach to granting nationality to ships and allows them, pursuant to their domestic regulations, to define the conditions and requirements for registration.
Registration is typically not only a prerequisite for granting nationality to a vessel, but also the primary basis for verifying a vessel’s nationality.
The Relationship Between Ship Registration, Nationality, and Flag
Legal Functions of Registration
From a functional perspective, ship registration has two categories of legal functions: public law functions, reflected in the relationship between the State and the vessel, and private law functions, which clarify the relationship between the vessel and its owner in connection with third parties. These are examined below.
Public Law Functions of Registration
Public law functions of ship registration concern the link between registration and sovereignty, as well as the legal effects that follow from it. Among the public law functions are the following:
- Attribution of a specific State to a vessel and submission of the vessel to a particular jurisdiction for defined purposes, such as safety control, security aspects, crew employment, and the maintenance of order on board.
- Grant of the right to fly the national flag.
- Entitlement to diplomatic protection and consular assistance provided by the flag State.
- Entitlement to maritime protection by the flag State.
- Entitlement to engage in specific activities in the territorial waters of the flag State, for example, coastal fishing, trade, or, in the case of a recreational vessel, maritime tourism and movement between ports of the flag State.
- Determination of the applicability of rules of war and neutrality to a vessel during armed conflict.
General rules of international law and most international treaties concerning the seas relate in one way or another to the public law functions of registration and, as a rule, do not address private law matters.
This is because international law, as the law of the international community, is a branch of public law. Accordingly, Article 5 of the 1958 Convention on the High Seas provides that the State must effectively exercise its jurisdiction and control in administrative, technical, and social matters over ships flying its flag.
Private Law Functions of Registration
The private-law aspects of ship registration include the application of civil or commercial law to the vessel, the choice-of-law rules governing the vessel itself, and the vessel’s proprietary interests. In public law functions, the ship is regarded as a floating unit representing the authority of the State whose flag it flies. By contrast, in the private law function of registration, the ship is treated as movable property with an owner, and potentially with rights held by other persons.
Among the private law functions of registration are the following:
- Protection of the ownership rights of the registered owner of the vessel.
- Protection of property rights and secured interests held by priority security holders over the vessel, such as mortgagees.
Key Points Regarding Ship Registration
The procedures of registration and the matters and interests that may be recorded in the register are governed by the law of each State and may differ from one country to another. Traditionally, such particulars include the vessel’s dimensions and cargo carrying capacity, the characteristics of the main engines, and the name and address of the registered owner.
The first legal framework that required vessel owners to record information such as the owner’s name and residence, the vessel’s name, the master’s name, the date and place of construction, the number of masts and decks, and the measured dimensions and cargo capacity was established under British maritime navigation legislation in 1784.
The number of shareholders or ownership shares that may be recorded in a ship register varies by jurisdiction. In the United Kingdom, a ship as property is divided into 64 shares and is subject to the legal regime governing English merchant ships regarding co-ownership. Up to 64 natural or legal persons, and no more, may at any one time be registered as owners of a ship. In Italy, ship property is divided into 24 shares.
Bahamian ships are divided into 64 shares, Cypriot ships into 100 shares, and Liberian ships also into 100 shares, although those shares may be subdivided into smaller portions.
The historical reason for selecting 64 shares is unclear, but this structure has now been adopted by many registration systems worldwide, particularly in jurisdictions influenced by former British colonial registration practices.
Frequently Asked Questions About the Legal Functions of Ship Registration
Ship registration is the administrative process by which a State grants nationality to a vessel and enables the vessel to be identified internationally.
Public law functions concern the vessel’s connection to the sovereignty of the flag State, including the right to fly the national flag, access to diplomatic protection and maritime protection, the ability to engage in activities in territorial waters, and the determination of the rules of war and neutrality during armed conflict.
These functions concern legal relationships between the vessel’s owner and third parties and include protection of ownership rights and the rights of mortgagees or other lawful beneficiaries.
No. Each State establishes its own ship registration rules under domestic law, including details on cargo capacity, registered owner information, division of ownership shares, and conditions of ownership.
Because registration is the primary criterion for establishing a vessel’s nationality and enables States to exercise jurisdiction and control over ships flying their flag.
For example, in the United Kingdom and the Bahamas, a ship is divided into 64 shares, in Italy, 24 shares, and in Cyprus and Liberia, 100 shares. These shares represent the ownership interests of natural or legal persons in the vessel. What does ship registration mean?
What are the public law functions of ship registration?
What do the private law functions of ship registration include?
Are ship registration laws identical in all countries?
Why is registration important in determining a vessel’s nationality?
How do ship ownership share systems differ across countries?
