Research On Ships' Registry Regime And Countermeasures Of China

Researches were made in this paper, they are the jurisprudence research on the condition of ships' registration and the meaning of "genuine link" between ships and their state; the comparative research on close-registry regime, open-registry regime and the second-registry regime, including off-shore ship registry, international ship registry and parallel registry;the comparative research on the influence on world shipping from these registry regimes;the analysis on the main problems of the ships' registry regime in china and the main measures to adopt to promoting Chinese ship-registry regime at angle of jurisprudence and shipping policy. The aim of this paper is, under the international and national shipping practice, to make a research on the basic problems on ships' registry regimes, to take an analysis on our country's ship-registry regime and to draw out the promoting measures for our ship-registry regime.This paper mainly contains the following aspects:(l) The jurisprudence analysis on the condition of ships' registration and the concept of "genuine link", including the analysis on "The Convention Of The Open Sea 1985", "The International Convention On The Law Of The Sea 1982", the judgments of the International Tribunal for The Law of The Sea, and the new development of "genuine link" under international shipping practice. (2) The analysis on the development and character of new regime for ships registration, especially on the element of ISR of which NIS(norweign international ship registry) is successful. (3) The status-quo and the main problems of our ship-registry regime, also promoting measures and shipping-develop measures were plan out.This paper makes an integral research on the meaning of "genuine link", conclusion is made: there is no one or compulsary standard of the "genuine link" between a ship and its flag, it's up to the flag state to decide how to make the link between the state and its ship to be real. Generally speaking, ownership, mannership, management or other ways are thought of. The "genuine link" shall have a meaning of real, The fact of registration makes a link between the ship and its flag state, this link are accepted to be real, "effect jurisdiction and control on ship" is the main way to display the genuine link. This paper then focuses on the present condition and the main problems of our country's ship-registry regime, taking the shipping practice of our country into account. Turning down the view of "develop ISR in our country", This paper provides that the ISR is not necessary for us, the focus shall be directed to reformation on our closed ship registry regime, including tax and fee reformation on shipping , the fiscal regime reformation and the reformation on rules of ships' registration.