Οι σύγχρονες εξελίξεις των νηολογίων στον τομέα της νηολόγησης των πλοίων και οι προοπτικές δημιουργίας ενός κοινού νηολογίου για τις χώρες της Ευρωπαϊκής Ένωσης
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Keywords
Νηολόγιο ; Κράτος σημαίας ; Εθνικότητα πλοίου ; Γνήσιος Δεσμός ; Ευρωπαϊκό Νηολόγιο EUROSAbstract
The problem, which is the subject of the present Doctoral Thesis, concerns the institution of the Ship Registry and more specifically the current and emerging future trends regarding the Ship Registries, in particular regarding the movement of ships from the traditional shipping countries to different types of Ship Registries. In this light, emphasis is placed on the distribution of global capacity between the various categories of Ship Registries and the problem of time travel of ships from traditional shipping countries, including EU countries, to other categories of Ship Registries is identified. At the same time, the problems arising from the improper care shown during the activity of very specific categories of Ship Registries in a number of sectors are identified. More specifically, the impact of the registration of the Ship Registry on both global shipping and a wide range of issues related to general economic activity, society, safety of human life and protection of the natural environment is analyzed.
The knowledge gap, which is attempted to be filled by the elaboration of this Doctoral Thesis, concerns on the one hand institutional issues and on the other hand issues related to the operational activity of the Ship Registries. In the institutional field, after a comparative analysis between the different approaches regarding the categorization of the Ship Registries, a specific method of coding the number of Ship Registries worldwide is proposed in Closed / National, Open and Second (Overseas and International), using Open Criteria the Legal and International Political Community. At the same time, at the operational level, the possibility of application in the field of shipping is examined, and in particular in the field of Registry, technical solutions and practical applications that have previously been successfully tested in other sectors of the economy.
The originality of this Doctoral Thesis is based on the innovative comparison between the concepts of Ship Registry-Flag-Nationality. An analysis of their particular characteristics is attempted and their differences are demonstrated especially through the identification of specific cases of States, where this differentiation occurs. In addition, a complete correlation is made between selected Ship Registries of particular interest and specific criteria for their distinction, such as the type of cargo carried, the Nationality of the actual shipowner, the percentage of domestic shipowners in the Ship Registry and the special relationships between the stakeholders of shipping. In the international literature there are approaches, which take into account some of the above criteria individually, without, however, proceeding to the centralized application, which is attempted in this Doctoral Thesis.
The contribution of the present study is found in the thorough analysis of the national and European policies implemented in the field of maritime policy and the impact that they ultimately had on the economy and society of the government entities involved. The different approaches adopted by the Member States as well as by third countries to stimulate domestic registration and reverse the outflow of ships to the Open Registries are examined. Often the implemented policies did not have the desired results and nevertheless useful conclusions emerge regarding the possibility of their re-use by other States and supranational organizations such as the EU, after of course being seen in the light of the respective supranational, national and regional peculiarities.
At the same time, the contribution of this Doctoral Thesis extends to the field of study of the Second Registries, both Offshore and International. Their widespread use by a significant number of Member States demonstrates the need for an adequate understanding of their operation and their specific characteristics. For this reason, a codification and comparative analysis of the specifics is carried out in areas ranging from the tax regime and jurisdiction to the staffing of ships and the geographical area of activity.
The methodological framework followed focused on the conversation with the international academic community through the study of published articles with emphasis on the last five years. At the same time, the relevant published literature in the field of shipping was recorded and utilized in similar fields, such as Maritime Insurance, Shipbuilding, Maritime Law, Maritime Law, Marine Environment, Maritime Business Administration and Shipping Finance. Simultaneously with the study of the Decisions, Regulations, Memoranda, Instructions, Bibles and Announcements at the level of European institutions, an analysis was made of the national and regional jurisprudences of selected States on issues related to the Registers and the generally followed shipping policy. The above tools are evaluated institutionally in the light of the science of Maritime Policy, the result of which is the creation of the Registers by the States involved.
The objective of this Doctoral Thesis is to provide a scientific approach to the latest developments in the field of Registers with particular emphasis on the European area, including the efforts to establish a common European Registry known as EUROS. The feasibility of the need to study the institution of the Register is based on the multifaceted importance that it holds to a number of shipping stakeholders such as Flag States, Coastal States, shipping companies as well as related international organizations such as I.M.O. and I.T.F.. The existence of often conflicting and mutually competing aspirations from the aforementioned bodies constitutes a dynamic shipping framework, an important role played by the Registry.
Of paramount importance for understanding the conditions under which modern registers operate is the clear definition of the concepts associated with the institution of Registers and the concept of ship Nationality, in order to represent the prevailing trends in the industry. It is important to categorize the different types of Registers and to analyze the interaction between them, always in the light of the volatile and dynamic nature of the institutional, economic, commercial and social relations in the shipping industry. The means by which national and supranational authorities can intervene in the functioning of shipping constitutes an area of interest for the institution of the Register.
At the same time, the international institutional framework as it is now shaped by a series of international Treaties, Conferences and Court judgments is important to present. In this way, it will be possible to assess the impact that institutional factors have had on evolution and the regimes under which modern regimes operate. This analysis raises the question of the Genuine Link, as it has been crystallized, as well as the tendency found in the new and dominant Registers worldwide.
In addition, the procedures governing the registration phase of a ship are analyzed, providing at the same time a comparison between the different Registries. This sector occupies a central position in the process of selecting the appropriate Registry for a ship and constitutes a field of competition between the candidate Registers. The modern trends that have emerged have intensified the competition among the world's most important Registers and created areas of possible development for the emerging Registers. At the same time, traditional registers are faced with new challenges that they are called upon to meet.
The specific circumstances of the European Union are the subject of special study. In addition to the European Union's already implemented maritime policies, the emerging trends for the future of shipping and its share in the Shipping industry are also examined. At the same time, Member States that make up the European Union, often adopting divergent positions on maritime policy, in many cases pose challenges to the overall direction of harmonizing maritime regulation at EU level. In this light, the European project of the common EUROS Registry is thoroughly analyzed and the particular aspects and conditions of its operation are presented, always taking into account current developments in the wider European Union, the Registers sector and the maritime sector in international level.