Chapter IV. Treaties concerning international law concluded under the auspices of the United Nations and related intergovernmental organizations

TREATIES CONCERNING INTERNATIONAL LAW CONCLUDED UNDER THE AUSPICES OF THE UNITED NATIONS AND RELATED INTERGOVERNMENTAL ORGANIZATIONS

Treaties concerning international law concluded under the auspices of the United Nations

1. UNITED NATIONS CONVENTION ON CONDITIONS FOR REGISTRATION OF SHIPS.1 DONE AT GENEVA ON 7 FEBRUARY 1986

   The States Parties to this Convention,

   Recognizing the need to promote the orderly expansion of world shipping as a whole,

   Recalling General Assembly resolution 35/56 of 5 December 1980, the annex to which contains the International Development Strategy for the Third United Nations Development Decade, which called, inter alia, in paragraph 128, for an increase in the participation by developing countries in world transport of international trade.

   Recalling also that according to the 1958 Geneva Convention on the High Seas2 and the 1982 United Nations Convention on the Law of the Sea3 there must exist a genuine link between a ship and a flag State and conscious of the duties of the flag State to exercise effectively its jurisdiction and control over ships flying its flag in accordance with the principle of the genuine link,

   Believing that to this end a flag State should have a competent and adequate national maritime administration,

   Believing also that in order to exercise its control function effectively a flag State should ensure that those who are responsible for the management and operation of a ship on its register are readily identifiable and accountable,

   Believing further that measures to make persons responsible for ships more readily identifiable and accountable could assist in the task of combating maritime fraud,

   Reaffirming, without prejudice to this Convention, that each State shall fix the conditions for the grant of its nationality to ships, for the registration of ships in its territory and for the right to fly its flag,

   Prompted by the desire among sovereign States to resolve in a spirit of mutual understanding and co-operation all issues relating to the conditions for the grant of nationality to, and for the registration of, ships,

   Considering that nothing in this Convention shall be deemed to prejudice any provisions in the national laws and regulations of the Contracting Parties to this Convention, which exceed the provisions contained herein,

   Recognizing the competence of the specialized agencies and other institutions of the United Nations system as contained in their respective constitutional instruments, taking into account arrangements which may have been concluded between the United Nations and the agencies, and between individual agencies and institutions in specific fields,

   Have agreed as follows:

   Article 1

   OBJECTIVES

   For the purpose of ensuring or, as the case may be, strengthening the genuine link between a State and ships flying its flag, and in order to exercise effectively its jurisdiction and control over such ships with regard to identification and accountability of shipowners and operators as well as with regard to administrative, technical, economic and social matters, a flag State shall apply the provisions contained in this Convention.

   Article 2

   DEFINITIONS

   For the purposes of this Convention:

   "Ship" means any self-propelled sea-going vessel used in international seaborne trade for the transport of goods, passengers, or both with the exception of vessels, of less than 500 gross registered tons;

   "Flag State" means a State whose flag a ship flies and is entitled to fly; "Owner" or "shipowner" means, unless clearly indicated otherwise, any natural or juridical person recorded in the register of ships of the State of registration as an owner of a ship;

   "Operator" means the owner or bareboat charterer, or any other natural or juridical person to whom the responsibilities of the owner or bareboat charterer have been formally assigned;

   ' 'State of registration" means the State in whose register of ships a ship has been entered;

   "Register of ships' ' means the official register or registers in which particulars referred to in article 11 of this Convention are recorded;

   "National maritime administration" means any State authority or agency which is established by the State of registration in accordance with its legislation and which, pursuant to that legislation, is responsible, inter alia, for the implementation of international agreements concerning maritime transport and for the application of rules and standards concerning ships under its jurisdiction and control;

   ' 'Bareboat charter' ' means a contract for the lease of a ship, for a stipulated period of time, by virtue of which the lessee has complete possession and control of the ship, including the right to appoint the master and crew of the ship, for the duration of the lease;

   "Labour-supplying country" means a country which provides seafarers for service on a ship flying the flag of another country.

   Article 3

   SCOPE OF APPLICATION

   This Convention shall apply to all ships as defined in article 2.

   Article 4

   GENERAL PROVISIONS

1. Every State, whether coastal or land-locked, has the right to sail ships flying its flag on the high seas.

2. Ships have the nationality of the State whose flag they are entitled to fly.

3. Ships shall sail under the flag of one State only.

4. No ships shall be entered in the registers of ships of two or more States at a time, subject to the provisions of paragraphs 4 and S of article 11 and to article 12.

5. A ship may not change itsflagduring a voyage or while in a port of call, save in the case of a real transfer of ownership or change of registry.

   Article 5

   NATIONAL MARITIME ADMINISTRATION

1. The flag State shall have a competent and adequate national maritime administration, which shall be subject to its jurisdiction and control.

2. The flag State shall implement applicable international rules and standards concerning, in particular, the safety of ships and persons on board and the prevention of pollution of the marine environment.

3. The maritime administration of the flag State shall ensure:

   (a) That ships flying the flag of such State comply with its laws and regulations concerning registration of ships and with applicable international rules and standards concerning, in particular, the safety of ships and persons on board and the prevention of pollution of the marine environment;

   (¿») That ships flying the flag of such State are periodically surveyed by its authorized surveyors in order to ensure compliance with applicable international rules and standards;

   (c) That ships flying the flag of such State carry on board documents, in particular those evidencing the right to fly its flag and other valid relevant documents, including those required by international conventions to which the State of registration is a Party;

   (d) That the owners of ships flying the flag of such State comply with the principles of registration of ships in accordance with the laws and regulations of such State and the provisions of this Convention.

4. The State of registration shall require all the appropriate information necessary for full identification and accountability concerning ships flying its flag.

   Article 6

   IDENTIFICATION AND ACCOUNTABILITY

1. The State of registration shall enter in its register of ships, inter alia, information concerning the ship and its owner or owners. Information concerning the operator, when the operator is not the owner, should be included in the register of ships or in the official record of operators to be maintained in the

   office of the Registrar or be readily accessible to him, in accordance with the laws and regulations of the State of registration. The State of registration shall issue documentation as evidence of the registration of the ship.

2. The State of registration shall take such measures as are necessary to ensure that the owner or owners, the operator or operators, or any other person or persons who can be held accountable for the management and operation of ships flying its flag can be easily identified by persons having a legitimate interest in obtaining such information.

3. Registers of ships should be available to those with a legitimate interest in obtaining information contained therein, in accordance with the laws and regulations of the flag State.

4. A State should ensure that ships flying its flag carry documentation including information about the identity of the owner or owners, the operator or operators or the person or persons accountable for the operation of such ships, and make available such information to port State authorities.

5. Log-books should be kept on all ships and retained for a reasonable period after the date of the last entry, notwithstanding any change in a ship's name, and should be available for inspection and copying by persons having a legitimate interest in obtaining such information, in accordance with the laws and regulations of the flag State. In the event of a ship being sold and its registration being changed to another State, log-books relating to the period before such sale should be retained and should be available for inspection and copying by persons having a legitimate interest in obtaining such information, in accordance with the laws and regulations of the former flag State.

6. A State shall take necessary measures to ensure that ships it enters in its register of ships have owners or operators who are adequately identifiable for the purpose of ensuring their full accountability.

7. A State should ensure that direct contact between owners of ships flying its flag and its government authorities is not restricted.

   Article 7

   PARTICIPATION BY NATIONALS IN THE OWNERSHIP AND/OR MANNING OF SHIPS

   With respect to the provisions concerning manning and ownership of ships as contained in paragraphs 1 and 2 of article 8 and paragraphs 1 to 3 of article 9, respectively, and without prejudice to the application of any other provisions of this Convention, a State of registration has to comply either with the...