Nordic Journal of International Law 79 (2010) 383–432 © Koninklijke Brill NV, Leiden, 2010 DOI 10.1163/157181010X512567 brill.nl/nord NORDIC JOURNAL OF INTERNATIONAL LAW Disentangling the “Genuine Link”: Enquiries in Sea, Air and Space Law Vincent P. Cogliati-Bantz Lecturer, TC Beirne School of Law, University of Queensland, Australia Abstract While the UN Convention on the Law of the Sea contains the requirement that there exist a genu- ine link between a ship and its ﬂ ag State, neither what constitutes that link, nor the eﬀ ect of its absence has been determined with unambiguous clarity. In addition, it must be enquired whether the genuine link is a requirement that concerns the opposability of the nationality, or the duties of the ﬂ ag State once the nationality is conferred, or both. Th e fact that the genuine link as a require- ment has not been singled out expressly in the relation between a State of registry and an aircraft or a space object calls for an analysis of the legal mechanisms in air law and space law in order to determine what meaningful connections are established between these means of transportation and States. Keywords ships ; aircraft ; spacecraft ; nationality
Nordic Journal of International Law – Brill
Published: Jan 1, 2010
Keywords: GENUINE LINK; SHIPS; NATIONALITY; SPACECRAFT; AIRCRAFT
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