Ship Registration and the Legal Attribution of Nationality Under the Law of the Sea

Abstract

Ship registration is the legal process through which vessels acquire nationality and become subject to the jurisdiction and regulatory authority of a flag State under the international law of the sea. This study examines the legal framework governing ship registration and the attribution of nationality, focusing on the juridical bond established between vessels and States and the obligations that arise from this relationship. The research is motivated by ongoing concerns regarding the ambiguity of the genuine link requirement and inconsistencies in the enforcement of flag State responsibilities within the global maritime regime. The study adopts a qualitative research approach using the doctrinal legal method, involving the systematic analysis of relevant international legal instruments, legal principles, and scholarly materials regulating ship nationality. Particular attention is given to the provisions governing ship registration and the duties of flag States to exercise effective jurisdiction and control over vessels flying their flag. The findings reveal that ship registration constitutes the legal act through which nationality is conferred, granting vessels the right to fly the flag of a State while simultaneously placing them under its regulatory authority. However, the study finds that the genuine link requirement remains vague and weakly operationalized, contributing to disparities in registration practices and regulatory oversight. The research also highlights the governance challenges posed by stateless vessels, which operate outside effective legal supervision. The study contributes to knowledge by clarifying the legal implications of ship nationality, identifying regulatory gaps within the existing framework, and proposing reforms aimed at strengthening flag State accountability, oversight of ship registries, and technological innovation in maritime administration.