Nationality of The Ship

Nationality is a legal bond between a person and the State of origin, and the legal considerations and practical necessities led to the need to enjoy the ship's nationality, despite the lack of loyalty to the Association of linking people, the state. The spectrum of a number of considerations Of which the ship is often roam the high seas where there are no national sovereignty, which requires that every need of nationality of a particular country to ensure the legal system on the back We also find that the nationality of the ship that defines the rights and duties of the ship in time of war, the nationality also have great importance in national economy and foreign trade. Many of the experts confirms on the necessity of providing a genuine link between the state and the ship to gain a nationality and by this association that the vessel represents the prestige of the state during her trips at sea or ports of other countries and the law of the State continues to apply to what is happening in the ship of the facts of law, whether on the high seas which are not subject to her nationally or in foreign ports. According to the article / 90 of the Convention on the Law of the Sea in 1982 that each coastal State or coastal right in the conduct of vessels flying the flag should be on these vessels to carry documents and papers to prove their nationality and that these documents are issued by the flag State. The Agreement gave Member States the right to determine the conditions for granting their nationality And these conditions vary from one country to another and from one of these conditions: 1. National Building condition: This condition set by countries that have the ability to manufacture vessels for the protection of national industry. The countries that do not have the ability to, it don't require such a condition. 2. National ownership partly or fully : This condition set by countries that can't build ships or have nothing in ships industry like Arab countries, to limit the protection on national interests only. 3. National captain, officers or crew : Some Countries require this condition when they have sufficient numbers of its citizens have the skills and experience required to work on ships, to revere jobs for its citizens. And some States require that all workers on the ships carrying the national flag, while other countries go to the master, officers and at least a certain percentage of the crew of patriots and this percentage varies from country to another.

Nationality of The Ship

To proof the nationality of the ship, ships must have flag raised of which nationality is it. And it should carry documentation which supports their nationality. The ship does not carry any flag that represent the nationality of it, Considered as a pirate ships and any warship encountered on the high seas entitled to ask them the statement of nationality, and it should immediately raise the flag, otherwise the warship has the right to visit or chase it to verify the nationality and application of the right law when they are proven to be a pirate ship, and it's not allowed to the ship which does not have a flag raised to enter or pass inland waters or territorial sea of any State, and the authority of the state shall have the right to banned her from entering. But if it is proved that the vessel is flying a flag of a State that does not have its nationality, the law of maritime trade of the British in 1894 stated to the right to confiscate the ship unless it is proved that it resorted to raising the British flag and protection for themselves from arrest by another ship when in hostile war. If the ship is flying the flag of two states, Article 92 / 2 of the Convention on the Law of the Sea in 1982 stated that the vessel considered Stateless is not entitled to keep the nationality of any of the two countries. And for which explicit provisions of national legislation after the passport to fly its flag by the ship does not carry any nationality.

The importance of acquiring the nationality of the ship of State: 1. The state gives some privileges to the ship that has it's nationality that withhold it of foreign vessels, such as restricting the right to fish in coastal, The right of the coastal navigation trade, tugging the ships, guidance and pleasure. Some states also offer Financial subsidies to their ships.

Nationality of The Ship

2. Ships enjoy the protection of the State of nationality in time of peace and war. ships on the high seas shall be subjected to the authority of flagstate and any State cannot impose its authority over vessels flying the flag of another State, and this rule is absolute for the warships because it represent the sovereignty of the entire state, as well as for ships of public non-military that have the same immunity of warships based on the provision of Article / 96 of the 1982 Convention. The ships of such a rule is subject to certain restrictions customary and the Convention, as Article / 92 of the 1982 Convention stated on the ((Vessel sails under the flag of one country only and are subject to the sincere jurisdiction on the high seas, except in exceptional cases expressly provided for in international treaties or in this Convention...)) and exceptions which the Convention allowed to non-flag State to impose its authority over private ships is to carry out acts of piracy and the right of hot pursuit of vessels that violate the laws of the coastal State and the right of the visit of the ships that questionable of being ships of piracy and the ship's radio unauthorized broadcasting or its transfer slavery and trafficking of illegal drugs. In time of war, the nationality of the ship determine the duties and rights, as the private ship turned to warship involved in the war effort at times. Enemy ships May also be seized during the war as spoils of war, and the vessels of neutral States may not seize or attack only if the smuggled materials strategy for an enemy state. ships has the right to request state intervention to protect it through the embassy or consulate abroad, and must obey orders and instructions issued to it by the diplomatic corps.

3. Determine which law must be used on the ship when something happens : all the facts of legal located on the warship and the non-commercial purposes ships subject to the law of the flag state even if it was in the territorial waters of a foreign state, which the article / 32 of the Convention on the Law of the Sea gave the ships full immunity to prevent interference of the laws the coastal state in its affairs.

Nationality of The Ship

As for private vessels and government ships used for commercial purposes the agreement have characterized between the state civil and criminal jurisdiction.

Civil jurisdiction: the article / 28 of the Convention stated to prevent the intervention of the law of the coastal State in the affairs of foreign ships passing by regional water or anchored in it except in two cases: 1. Signing of the implementation procedures for the purpose of any civil action against any foreign ship anchored in the territorial sea or passing through, according to domestic laws. 2. signing of the implementation procedures against a foreign ship for the purpose of any civil action relating to the obligations incurred by the ship or the responsibilities that fall during their journey through the internal waters of the coastal State or for the purpose of the trip.

1. 2. 3. 4.

Criminal jurisdiction: the article / 27 of the Convention Handled this issue which identified the interference of the law of the coastal State in criminal acts which are located on board of a foreign ship in the following cases: If the results and the effects of the crime committed spread on board of the ship to the territory of the coastal State. If the crime committed led to a breach of peace or good order of the country in the territorial sea. If the ship's captain or diplomatic representative of the state owner of the ship requested the coastal State interference. If the coastal state intervention is necessary to combat the illegal trafficking of narcotic drugs or psychotropic substances.