Abstract

The law of the sea is a branch of international law that governs the rights and responsibilities of nations with regards to their use of world seas, their conservation and management of marine resources, boundaries, and navigation. This paper analyses the law of the sea with regards to conventions related to nationality of ships, labour standards and access to ports with relevant cases. According to Article 5 of the 1958 Convention on the High Seas and Article 91 of the 1982 UN Convention on the Law of the Sea, there must be a "genuine link" between a ship and the State that is claiming to grant that ship its nationality. However, neither Convention clarifies or specifies what is meant by a genuine link, nor do they both specify what happens in the event a genuine link cannot be established. This study's objective is to explain what is meant by a "genuine link" and what consequences its absence has. Additionally, this paper examines the international conventions governing the employment of seafarers and the acknowledgement of the impact of human factors on ship manning and safety. The responsibilities of flag states are no longer the sole subjects receiving international attention; other issues include trade-related regulations, port state control, state control of citizens, and information retrieval and interchange. This paper aims to provide a deeper understanding of this important area of international law and its contemporary relevance to global governance.

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