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

Cogliati-Bantz, Vincent (2010) Disentangling the 'Genuine Link': Enquiries in Sea, Air and Space Law. Nordic Journal of International Law, 79 3: 383-432. doi:10.1163/157181010X512567

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Author Cogliati-Bantz, Vincent
Title Disentangling the 'Genuine Link': Enquiries in Sea, Air and Space Law
Journal name Nordic Journal of International Law   Check publisher's open access policy
ISSN 0902-7351
Publication date 2010-07
Sub-type Article (original research)
DOI 10.1163/157181010X512567
Volume 79
Issue 3
Start page 383
End page 432
Total pages 50
Place of publication The Netherlands
Publisher Martinus Nijhoff
Collection year 2011
Language eng
Abstract While the UN Convention on the Law of the Sea contains the requirement that there exist a genuine link between a ship and its flag State, neither what constitutes that link, nor the effect 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 flag State once the nationality is conferred, or both. The fact that the genuine link as a requirement 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. © 2010 Koninklijke Brill NV, Leiden.
Keyword Aircraft
Genuine link
Nationality
Ships
Spacecraft
Q-Index Code C1
Q-Index Status Confirmed Code
Institutional Status UQ

Document type: Journal Article
Sub-type: Article (original research)
Collections: Official 2011 Collection
TC Beirne School of Law Publications
 
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Created: Tue, 22 Mar 2011, 12:56:59 EST by Ms Barbara Thorsen on behalf of T.C. Beirne School of Law