SHIP
REGISTRATION:
LAW AND PRACTICE
LLOYDS SHIPPING LAW LIBRARY
LLOYD'S SHIPPING LAW LIBRARY
EC Shipping Law
second edition
by Vincent Power
(1998)
P. & I. Clubs: Law and Practice
third edition
by Steven J. Hazelwood
(2000)
The Law of Ship Mortgages
by Graeme Bowtle and Kevin McGuinness
(2001)
London Maritime Arbitration
second edition
by Clare Ambrose
and Karen Maxwell
(2002)
The Law of Shipbuilding Contracts
third edition
by Simon Curtis
(2002)
The Law of Tug and Tow
second edition
by Simon Rainey
(2002)
Admiralty Jurisdiction and Practice
third edition
by Nigel Meeson
(2003)
Merchant Shipping Legislation
second edition
by Aengus R. M. Fogarty
(2004)
Laytime and Demurrage
fifth edition
by John Schofield
(2005)
Marine War Risks
third edition
by Michael D. Miller
(2005)
Bareboat Charters
second edition
by Mark Davis
(2005)
Limitation of Liability for Maritime Claims
fourth edition
by Patrick Griggs, Richard Williams
and Jeremy Farr
(2005)
Enforcement of Maritime Claims
fourth edition
by D. C. Jackson
(2005)
Berlingieri on Arrest of Ships
fourth edition
by Francesco Berlingieri
(2006)
Bills of Lading
by Richard Aikens, Richard Lord
and Michael Bools
(2006)
Voyage Charters
third edition
by Julian Cooke,
Timothy Young, Q.C., Andrew Taylor,
John D. Kimball, David Martowski
and LeRoy Lambert
(2007)
Time Charters
sixth edition
by Terence Coghlin, Andrew W. Baker,
Julian Kenny and John D. Kimball
(2008)
Ship Sale & Purchase
fifth edition
by Iain Goldrein, Q.C., and Paul Turner
(2008)
Shipping and the Environment
second edition
by Colin de la Rue and
Charles B. Anderson
(2009)
Ship Registration: Law and Practice
Second Edition
BY
Richard Coles
T.D., L.L.B. (Hull)
Solicitor
HBJ Gateley Wareing LLP, London
Edward Watt
LL.B. (Edin.), LL.M (Lon.), Dip. L.P., N.P., W.S.
Solicitor and Notary Public
HBJ Gateley Wareing LLP, Edinburgh
Informa Law
Mortimer House
3741 Mortimer Street
London W1T 3JH
law.enquiries@informa.com
An Informa business
First edition Richard M.F. Coles 2002
Second edition Richard M.F. Coles and Edward B. Watt 2009
British Library Cataloguing-in-Publication Data
A catalogue record for
this book is available from the
British Library
ISBN 978 1 84311 634 9
All rights reserved. No part of this publication may be reproduced, stored in a retrieval system, or transmitted, in any form or by any means, electronic, mechanical, photocopying, recording or otherwise, without the prior written permission of Informa Law.
Whilst every effort has been made to ensure that the information contained in this publication is correct, neither the authors nor Informa Law can accept any responsibility for any errors or omissions or for any consequences arising therefrom.
Text set 10/12 Bembo by
Interactive Sciences Ltd, Gloucester
Printed in Great Britain by
MPG Books, Bodmin, Cornwall
Printed on paper from sustainable sources
I am delighted to see this second edition of Ship Registration: Law and Practice . The book poses an interesting insight into the background and explanations which enable the reader to fully understand why and how ship registration has developed over the years. It is a very analytical and comprehensive account of why shipowners have chosen certain flags.
In a thoroughly reasoned approach the book delves into the details of various flags and what they expect from their owners in terms of fees, tax regimes and agreements, the regulatory framework, procedures and many other requirements.
It is an invaluable guide to anyone who is involved in ship registration and essential reading for anyone who is thinking of registering a ship.
This second edition, naturally, has more flags under consideration and is therefore more comprehensive and makes for thoroughly interesting reading.
MICHAEL EVERARD, CBE
President, Institute of Marine Engineering, Science and Technology ,
past President, BIMCO ,
past President, UK Chamber of Shipping
The purpose of this book is to introduce the reader to the legal concepts surrounding the registration of ships, to provide an objective assessment of the issues arising from the use of flags of convenience or open registers and to examine in detail the practice and procedure in a number of key jurisdictions. As was the case in the first edition, the individual national chapters have been set out, as far as possible, in a common format to enable the busy practitioner to gain quick access to the relevant material and to compare easily the requirements of one jurisdiction with another.
The latest edition has been expanded to include chapters devoted to Belize, the Norwegian International Register (NIS) and Singapore. Most national chapters now include an additional section dealing with yachts where the flag State has adopted codes of practice for commercial yachts or other measures to attract commercial or private yachts to their flag.
Important developments have taken place in many jurisdictions. Cyprus and Malta joined the European Union in 2004 and, as a result, the ownership criteria in these formerly open registry jurisdictions were modified in order to comply with EU law. Ironically, the change from open register to national register has broadened rather than narrowed the categories of owners qualified to be owners of registered vessels in those jurisdictions. Two Red Ensign registers, the Cayman Islands and the Isle of Man, now have more relaxed ownership criteria, allowing companies in many foreign countries to become registered owners under their respective flags. The British Virgin Islands became a Category 1 British Register in June 2008 and although it was not possible to include a chapter to the BVI in this edition, the authors hope to do so in the future.