Flag State Responsibility Historical Development and Contemporary Is
The historical development of tonnage, ship registration, classification societies and national and international law for flag State responsibility is recounted, along with the large increase in numbers of non-traditional flag States and classification so
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John N.K. Mansell
Flag State Responsibility Historical Development and Contemporary Issues
Dr. John N.K. Mansell Visiting Senior Fellow Australian National Centre for Ocean Resources and Security University of Wollongong NSW 2522 Australia [email protected]
ISBN: 978-3-540-92932-1 e-ISBN: 978-3-540-92933-8 DOI: 10.1007/978-3-540-92933-8 Springer Dordrecht Heidelberg London New York Library of Congress Control Number: 2009922263 © Springer-Verlag Berlin Heidelberg 2009 This work is subject to copyright. All rights are reserved, whether the whole or part of the material is concerned, specifically the rights of translation, reprinting, reuse of illustrations, recitation, broadcasting, reproduction on microfilm or in any other way, and storage in data banks. Duplication of this publication or parts thereof is permitted only under the provisions of the German Copyright Law of September 9, 1965, in its current version, and permission for use must always be obtained from Springer. Violations are liable to prosecution under the German Copyright Law. The use of general descriptive names, registered names, trademarks, etc. in this publication does not imply, even in the absence of a specific statement, that such names are exempt from the relevant protective laws and regulations and therefore free for general use Cover design: WMXDesign GmbH Printed on acid-free paper Springer is part of Springer Science+Business Media (www.springer.com)
Acknowledgements
I acknowledge, and offer heartfelt thanks to, my beloved wife Christina, my teenage daughters Anna, Lena, and Sophia and my grown sons James and Matthew. I apologise to them all for the many evenings and weekends when I have deprived them of my company and disappeared “down below” to the study, and thank them all for their collective confidence in my ability to carry out and complete the task. I hope that, in some small way, my undertaking of the Doctoral thesis, upon which this manuscript is based, will demonstrate to them all that learning is a lifelong process and it is never too late. I could not have successfully undertaken and completed the thesis without the encouragement and support of my supervisor, and good friend, Professor Martin Tsamenyi of the Australian National Centre for Ocean Resources and Security at the University of Wollongong, Australia and I offer him my sincere thanks for introducing a simple sailor to the world of academia.
Disclaimer The views and opinions expressed in this book are entirely those of the author and not those of Maritime New Zealand.
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Contents
1
Introduction ..............................................................................................
1
1.1 Shipping as a Global Industry ........................................................... 1.2 Flag State Responsibility .................................................................. 1.3 The Extant International Regulatory Regime and Associated Issues ....................................................................... 1.4 Effective Flag State Control...
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