Lloyd's Maritime and Commercial Law Quarterly
BOOK REVIEW - SHIP REGISTRATION
SHIP REGISTRATION by N. P. Ready, M.A., Notary Public. Lloyd’s of London Press, London (1991, xxiii and 135pp., plus 73 pp. Appendices and 6 pp. Index). Hardback £45.
As there are few recent published works on the subject of ship registration, Nigel Ready’s new book is particularly welcome. The Preface declares that the book “is directed primarily at legal practitioners as a theoretical and practical introduction to ship registration”. The first four chapters deal with the legal concept of ship registration, the growth of flags of convenience, bareboat charter registration and the factors governing the choice of flag. Later chapters deal with registration under the British flag as well as the principal open registers.
Mr Ready touches upon the origins of ship registration in imperial Rome and in medieval city states. He explains the distinction between registration, nationality, flag and documentation—terms which he points out are by no means coterminous. The author contrasts the public and private law functions of ship registration, which are often forgotten by practitioners. Having dealt with the historical and theoretical background very briefly, the author turns to flags of convenience in more detail, identifying the salient features identified by the Rochdale Report (p. 22) and by the Inter-Governmental Working Group on the Economic Consequences of the Existence of Lack of a Genuine Link between vessel and flag of registry. The book traces the origins of flags of convenience from the 17th and 19th centuries, through the prohibition era and finally to the immediate post-war years, when Liberia joined Panama as a major force in this field.
The book contains a useful summary of the familiar arguments advanced by opponents of the open register system, dealing in turn with safety, labour and economic issues. In order to present a balanced argument, the author sets out the response of the flags of convenience lobby, citing in particular the age limits operated by the maj or open registries and the fact that the principal flags of convenience are parties to the major safety Conventions. He mentions the lead shown by Liberia in the enforcement of maritime safety standards by inspectors. The author explains how traditional maritime nations responded to the threat of open registers by introducing offshore national registries, notably the Isle of Man and the Norwegian International Ship Register (NIS) as well as their Danish and German counterparts. He also describes the features of the EUROS register proposed by the commission of the European communities in 1989.
I found the chapter on bareboat charter registration particularly useful. The author describes the advantages to the shipowner and the possible dangers for the mortgagee, as well as the conceptual problems presented to the practitioner. He explains how the approach to bareboat registration varies from country to country. It is clear from the text that there are various uncertainties over the registration of charges when vessels are subject to more than one legal system. Nigel Ready describes the progress being made by the UNCTAD/IMO
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