A flag approved for use on boats, ships, and other watercraft is called the Maritime Flag. Naval flags are crucial at sea, and the laws governing flag flying are tightly maintained. A ship’s flag indicates its origin, meaning it is governed by the nation for which it was registered. The ship’s flag determines which international and maritime laws must be followed depending on its nation of registration when it is at sea, and it may be utilized in a number of ocean conflicts.
Once a vessel adopts a flag, it becomes subject to that nation’s regulations, and each nation is in charge of any ships flying its flag. The International Maritime Organization states that doing this entails ensuring that ships pass inspection and are certified to meet applicable international standards. International maritime treaties are signed by flag countries, who are then in charge of upholding them. The IMO has established regulations for the building, equipping, and crewing of ships. Flag states must take action to ensure safety while out at sea in accordance with the United Nations Convention on the Law Of The Sea.
A Flag Of Convenience refers to the certification of a vessel in a state other than the owners of the ship. Ships having Flag Of Convenience registration can operate more affordably or be exempted from owner-country regulations. A ship owner will have to look for a nation that offers an open registry or one that permits ships owned by a foreign corporation to be registered to achieve a Flag Of Convenience registration. Ship owners frequently register with other flags in an effort to achieve reduced administrative costs, achieve less control, and friendlier heart ports since ships must operate according to the laws of their nation flag. Numerous nations with open registrations however come under fire for not having high standards.
In Open Registry Systems, many shipowners are permitted to maintain their legal invisibility, making it challenging to locate and bring legal action against them. Additionally, some ships with active flags are engaged in criminal activities, from unsafe working conditions to pollution, and illegal fishing. For this reason, when other nations invite them to one of the host country’s ports, ships flying these flags may be the focus of special inspections.
New ship owners looking to adopt flags from the open registry system can inquire from legal consultants in Dubai about the regulations set in place against these illegal activities. Furthermore, ship workers who are fearful for their safety on some of these ships can also report to the port authorities and one of the best labour lawyers in Dubai shall be appointed to handle their case if the matter extends to the courts of law.
Applied Rules To Serve For Commercial Purpose
The shipping operations within the UAE are governed by the UAE Maritime Trade Law (Federal Law No. 26 of 1981, as modified). The Federal Transport Authority(FTA) is the federal regulatory organization responsible for overseeing maritime operations in the UAE. The Dubai Marine City Authority (DMCA) is the government agency in charge of governing, organizing, and monitoring all aspects of Dubai’s maritime industry.
Under UAE legislation, there are various processes for registering commercial ships. Temporary, and permanent registration for a ship that is still being built are the several forms of registration. Bareboat charter registration doesn’t have a specific process. To be registered in the UAE, a ship must be owned by a citizen of the country. Non-native ships are not authorized to engage in coastal navigation between UAE ports, according to the UAE Maritime Law (Federal Law No. 26 of 1981).
An exception to this law is offered by Article 16(2) of the UAE Maritime Law, which states that foreign vessels may be granted licenses to engage in this activity for predetermined lengths of time and under specific terms and conditions as determined by the Ministry of Transportation following consultation with the relevant authorities. The UAE ship registry needs to send or receive documentation to or from other registries, regardless of whether a vessel is leaving the flag of the UAE or is joining it.
The UAE Maritime Law grants the government the authority to seize vessels under very specific conditions, such as when a ship is being operated under the UAE flag but is not properly registered with the ship registry or when a UAE-flagged ship is being sold to a foreign person or entity without first completing certain procedures to obtain the UAE Flag’s approval.
In the United Arab Emirates, there is no maritime-specific court. The UAE civil courts of the first instance in the relevant emirate have sole jurisdiction over marine disputes that do not include criminal activity unless the parties to the dispute have agreed differently in a contract.
UAE Law Complies With The Following Standards For The Recognition And Execution Of Foreign Judgments:
- UAE courts wouldn’t have had sole jurisdiction over the case.
- International laws in effect grant the foreign court the required jurisdiction to hear the case.
- Court has rendered a judgment in line with state law and has legally certified it.
- The stated offender had received a summons and had shown up in person before the foreign court as required.
- According to the rules of the court giving the judgment, the decision is final.
- The decision is not in conflict with any other rulings or orders previously made by UAE courts, nor is it against UAE public morals or order.
A small number of international treaties that simplify the procedure of enforcing decisions rendered by signatory states are also signed by the UAE.
1977 saw the UAE’s adoption of the 1976 Limitation of Liability Convention (LLMC 76). However, the UAE Maritime Law predates the convention’s adoption and hasn’t been changed, therefore it’s unclear how the Convention will apply in each specific circumstance. Recent instances suggest that although judges would theoretically follow the Convention, certain procedural issues still need to be worked out. The creation of a limitation fund, for instance, continues to be difficult.
There Are No Liability Restrictions When It Comes To The Following:
- Obligations resulting from general average, salvage, and assistance;
- An incident that resulted in liability due to the owner’s personal negligence, with the burden of proof being with the claimant.
Under Article 138(3), the claimant has the right to pursue the entire amount of damages allowed by Shari’a if the defendant’s liability due to limitation is less than that amount.
The typical methods for resolving a maritime claim usually include a judgment, settlement, claim withdrawal, time bar operation, performance, and bankruptcy.
All in all, ships that choose to carry a flag must first decide on what nation’s flag it will carry depending on the laws governing the flag. Companies are advised to do their due diligence before adopting a flag and seek out legal advice from an incorporation lawyer in Dubai regarding the different regulations should they choose to register with the UAE flag or a foreign flag.
