Pіvtorak H. Genesis of the Institute for the genuine link of the vessel with the Flag State in International Maritime Law.

The dissertation is devoted to the complex theoretical and legal analysis of international legal aspects of formation and development of the Institute of «genuine link» of the vessel with the flag state. The legal nature and specificity of the principle of «genuine link» and historical factors of its origin are analyzed. The concept of a vessel in the international law of the sea is explored, modern criteria of definition of «genuine link» with the flag state are considered. Particular attention is paid to the work of the International Maritime Organization (IMO), which has made a significant contribution to the development and implementation by States of the conventions governing the content of this principle. The practice of the International Court of Justice, the International Tribunal for the Law of the Sea and arbitration bodies concerning the disputes that arise in the course of the implementation by States of a «genuine link» with vessels of their own nationality is generalized. The peculiarities of the concept of «genuine link» of a vessel with a flag state are detailed, which is to determine it on the basis of a combination of domestic law and norms of international maritime law. Each vessel for its further use, at the request of international maritime law, must be registered under the flag of a particular state. It is shown that the beginning of a link between a vessel and a flag State is the registration of this vessel. The need to ensure a «genuine link» between the state and the vessels today is one of the key issues that are still unresolved due to the contradictory practice of the states. Various concepts of the «genuine link» of a vessel with a flag state are investigated, reflecting the relevant practice of the states, and which often contradict each other. Arguments in favor of the contractual concept of the jurisdiction of the vessel of the flag State in comparison with the territorial, personal and recognition concepts, which should promote compliance with States «genuine link» with the vessel of its nationality. It is proved that the conflict of jurisdictions of states relatively to a vessel in international maritime law does not have a universal solution, subject to a solution in each particular case having its own specifics. The existing hierarchical priority of the application of jurisdiction in the case of conflict in international maritime law is still characterized by abstraction due to the lack of sufficient special rules in it. The United Nations Convention on the Law of the Sea of 1982 further defined the obligations of the flag State of the vessel on the basis of its detailed internal, technical, administrative and social measures, which became an important innovation in the development of the principle of «genuine link». The necessity of adopting an international legal act with the common standards concerning the provision of the state with the right of navigation under its flag is proved. For Ukraine, the ratification of the Convention on the Registration of Vessels in 1986 (which has not yet entered into force) is extremely important. It is aimed at unification of the conditions of registration of the vessel and fixing the minimum registration conditions; provision and strengthening of «genuine link» of the vessel with the flag state. It also contains a requirement for the creation in the State of a flag of a competent national maritime administration, which will undoubtedly facilitate the practical implementation of the link.