EFFECT OF A REGISTRATION AND ITS LEGAL SIGNIFICANCE

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EFFECT OF REGISTRATION:-
As per UNCLOS registration of ship in any state makes the ship national property of that state. As per article 91, it makes a genuine link between ship and state. State can effectively exercise its jurisdiction and control in administrative, technical and social matters over ships flying its flag. State takes measure for the ships flying its flag regarding to safety at sea and this includes the construction, equipment and seaworthiness of the ship. It also includes manning of the ship, labour condition and training of crew taking into account the applicable international instruments. States ensure that after registration, ship is surveyed by a qualified surveyor at regular intervals regarding all the applicable national and international rules. Each state causes an enquiry to be held by a suitably qualified person into every marine casualty or incident of navigation on the high seas involving a ship flying its flag and causing loss of life or any other incident involving another state or marine environment. After registration only a ship can do a legal business.
LEGAL SIGNIFICANCE OF CERTIFICATE OF REGISTRY:-
UNCLOS 1982 in article 91 says about the nationality of a ship. A ship flying any states’ flag should be registered in that state. The state maintains a register book in which all the particulars of the ship are entered, which is registered in that state. This makes a genuine link between the state and the ship. Legal significance of the certificate of registry is:-
1) Makes a ship and the owner legal and legally accepted substance.
2) The ship and the owner enjoy and are bounded to the local jurisdiction of the state
3) Establishes ship’s nationality and its identification
4) Allows the ship to trade commercially world wide
5) Avails privileges and protection of the flag state
6) Provides documentary evidence of the ownership
7) During wartime neutrality of the ship is shown by the flag it is flying
8) Facilitates the ship purchase, sale and mortgaging.
M.S. act 1958 as amended under section 22 states that all vessels above 15NT and on coast of India should be registered.

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