Freedom of States to Fix Conditions for Registration

Article 91 of UNCLOS provides: ‘1. Every State shall fix the conditions for the
grant of its nationality to ships, for the registration of ships in its territory, and for
the right to fly its flag.’

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Registration of ships in shipping, maritime law and law of the sea

Registration means the entering of a matter in the public records. Registration
is generally—but not always—not only a precondition for, but also the test of, a
vessel’s nationality. This is the public law function of registration, as opposed to its
private law function.

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