Legal Definition and Related Resources of Law of the flag
Meaning of Law of the flag
The flag Is used, in the prosecution of commerce upon the high seas, as a symbol of nationality. Tha nationality of a ship is determined by the flag which it carries. A ship, navigating under the flag and pass of a foreign country, is to be considered as bearing the national character of the country under whose flag she sails. Under what is called, in international law, “the law of the flag,” a shipowner who sends his vessel into a foreign port gives notice by his flag to all who enter into contracts with the ship-master, that he intends the law. of that flag to regulate those contracts, and that they must either submit to its operation or not contract with him or his agent at all. 185 111. 144.
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| Law Of The Flag in the Dictionary | Law Of The Flag in our legal dictionaries | Browse the Legal Thesaurus | Find synonyms and related words of Law Of The Flag |
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| Related topics | Law Of The Flag in the World Encyclopedia of Law |
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This definition of Law Of The Flag is based on the The Cyclopedic Law Dictionary . This entry needs to be proofread.
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Law of the Flag in Maritime Law
Note: There is more information on maritime/admiralty law here.
The following is a definition of Law of the Flag, produced by Tetley, in the context of admiralty law: The conflict of laws rule, still reflected in many national laws and international conventions, which subjected various maritime law matters to the law of the flag or port of registry of the ship. The concept bore the imprint of nineteenth-century theories of the law of the citizen, espoused by Napoleon Bonaparte and Mancini. Today, the emergence of flags of convenience, double-flagging, flagging out, and the increasing insistence in many international conventions on a “genuine link” between the flag and the ship, have reduced the importance of the law of the flag to merely one contact, or connecting factor, among others in maritime conflicts of law. See for example,Hellenic Lines, Ltd. v. Rhoditis, 398 U.S. 306, 1970 AMC 994 (1970) and Spector v. Norwegian Cruise Line Ltd., 545 U.S. 119, 2005 AMC 1521 (2005). See Tetley, Int’l C. of L., 1994 at pp. 175-224.
Law of the Flag in Admiralty Law
For information on law of the flag in this context, see the entry on law of the flag in the maritime law encyclopedia.
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