Genuine link concept and open registries

Abstract

The purpose of the current research can be defined as follows:

P The situation around genuine link concept : what is meant by genuine link ? Can it be interpreted in the same way as at the time of its introduction?

P Has ever "genuine link " requirement been effective and whether it is an important part of the international law .

P Phenomenon of the open registers and what are consequences if there is no genuine link between the ship and the flag state ;

P ability of the "convenient" flag state (with no other link than that , created by fact of registration) to exercise jurisdiction and perform control functions in respect to safety at sea, security, environmental matters, implementation and enforcement of international conventions .

Comparative analysis should be performed in order to examine the legal basis of the open registers and their performance as flag states -Cyprus and Liberia. The flag states were chosen due to the criteria that one of them is EU Member State and the other is a typical ¡¨off-shore harbor¡¨.

P Can "genuine link" objectives be realized by other means than nationality requirements i.e. through IMO instruments , in particular through strengthening of the role of Port State and Port State Control System