Sufficient Authority

Abstract

A state must have it in its power to fulfil its international duties. Here lies a general problem which is discernible not only in the law of the sea and which is hinted at in the third sentence of article 5 of the Convention on the High Seas. This third sentence has not yet been examined separately. It reads:

“There must exist a genuine link between the State and the ship; in particular, the State must effectively exercise its jurisdiction and control in administrative, technical and social matters over ships flying its flag.”

It has already been stated above (on p. 142) that the words “flying its flag” had better be read ‘allocated to it’. But the meaning of the whole sentence and in particular of the expression “genuine link” has not yet been discussed.