The 1986 United Nations convention on the conditions for registration of vessels and the question of open registry

Abstract

Abstract On February 7, 1986, the United Nations Convention on Conditions for Registration of Ships was finalized. This represents the culmination of efforts to define the necessary elements for the registration of vessels in a national registry. Its provisions include references to the genuine link, ownership, management, registration, accountability and the role of the flag state. This article examines each issue separately and focuses on the most important elements of ship's registration: the concept of genuine link and beneficial ownership. The main reason behind the drive for the establishment of strict regulations on registration was the proliferation of open registries, their equation with substandard and hazardous conditions and efforts from developing countries to participate equally in the management of maritime transport. The conclusion is that the convention failed to clarify the most critical issues and reinforced the status quo of open registries.