Government Practices in Preventing Dual Citizenship in International Shipping Transactions
Subject Areas : حقوق مدنی
1 - Master of Private Law, Department of Law, Faculty of Literature and Humanities, Guilan University, Rasht, Iran.
Keywords: Registration, ship, Nationality, international law, transactions ,
Abstract :
Ship registration systems vary across countries, and states do not follow uniform procedures in implementing their registration systems. In this regard, international conventions have provided useful guidance to instill order and security in matters of ship registration and nationality. However, apparent gaps still exist in the laws of various countries. One of the risks that may lead to the threat of dual nationality of ships due to such lack of clarity or legal contradictions is the application of nationality by the first country (builder's state) on newly constructed vessels until delivery, while the second country (buyer's state) simultaneously grants temporary registration - often without proper attention to obtaining de-registration documents and cancellation of the initial registration. Key questions that play a pivotal role in examining this issue include: Is temporary registration also a form of granting nationality? Is there any conflict between temporary registration and the presumption of nationality in the seller's country for sold vessels? While one might rule in favor of the possibility of such conflict and even confirm that temporary registration constitutes a form of nationality granting, what remains fundamentally important are the methods to prevent such situations - a matter that states endeavor to address in their administrative procedures to avoid creating such improper pathways. This article adopts a descriptive-analytical methodology and utilizes library research tools to investigate the subject.
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