Disentangling the "Genuine Link": Enquiries in Sea, Air and Space Law

Disentangling the "Genuine Link": Enquiries in Sea, Air and Space Law 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 http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png Nordic Journal of International Law Brill

Disentangling the "Genuine Link": Enquiries in Sea, Air and Space Law

Nordic Journal of International Law, Volume 79 (3): 383 – Jan 1, 2010

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Publisher
Brill
Copyright
© 2010 Koninklijke Brill NV, Leiden, The Netherlands
ISSN
0902-7351
eISSN
1571-8107
D.O.I.
10.1163/157181010X512567
Publisher site
See Article on Publisher Site

Abstract

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

Journal

Nordic Journal of International LawBrill

Published: Jan 1, 2010

Keywords: GENUINE LINK; SHIPS; NATIONALITY; SPACECRAFT; AIRCRAFT

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