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Abstract

The meaning and scope of the concept of security in extenso, as well as its special type, i.e. maritime safety and security, has been the subject of many considerations and discussions for decades, and perhaps for centuries. Security is most often understood as one of the basic functions of the State implying counteracting all threats. In axiological terms, as a risk-free state, maritime safety is a value, and in functional terms, as a desirable state, it is expressed in the protective function of law. The law must be structured in such a way as to constantly realize this function. Achieving maritime safety can therefore be seen as the capacity of law and institutions, for example, to protect a ship against loss, protect health and life of people employed on a ship, and protect the environment from pollution.

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Authors and Affiliations

Dorota Pyć
ORCID: ORCID
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Abstract

This article examines the meaning and evolution of the practical implementation of the ‘genuine link’ concept over the years since the rise of the flag-of-convenience (FOC) registries in the 1920s. The author notes that while the competition between Flag States become fiercer, the regulations on ship safety, pollution prevention or shipboard working and living conditions are becoming standardized and ubiquitous. By being regulated by international instruments, in effect restricting regulatory powers of Flag States. Likewise, the enforcement of these provisions is becoming internationalized – with the omnipresence of classification societies and introduction of PSC regimes. At the same time, author identifies a lack of adequate regulations in respect of employment of seafarers, most notably wages and social security contributions, both at the national (Flag State) and international level. This legal loophole encourages Port States to introduce local solutions, irrespective of Flag State regulations. Such developments weaken the ‘genuineness’ of the ‘genuine link’ between ship and its Flag State.
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Authors and Affiliations

Paweł Krężel

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