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The law is a jealous mistress, and requires a long and constant courtship.
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Legal Definitions - immatriculation
Definition of immatriculation
Immatriculation refers to the formal legal process by which a nation grants its nationality to a merchant ship and officially records it in its national registry. This act is crucial because it bestows upon the ship the legal right to fly the flag of that nation, thereby subjecting it to that nation's laws and protection under international maritime law.
Example 1: A Newly Constructed Cargo Ship
A large shipping company, headquartered in Singapore, commissions a new container vessel built in South Korea. Before the ship can begin its international voyages, the company must apply to the Maritime and Port Authority of Singapore for its registration. Once approved, the ship undergoes immatriculation in Singapore, meaning it is officially recognized as a Singaporean vessel, can fly the Singaporean flag, and operates under Singaporean law and protection on the high seas.
Example 2: Transfer of Ownership for a Tanker
An oil tanker, previously registered in Liberia, is sold to a new owner based in Greece. The new Greek owner intends to operate the tanker under the Greek flag. To achieve this, the tanker must first be de-registered from Liberia, and then undergo a new immatriculation process in Greece. This involves formally enrolling the vessel in the Greek national shipping registry, which then grants it Greek nationality and the right to fly the Greek flag, subjecting it to Greek maritime regulations.
Example 3: A Fishing Fleet Operating Internationally
A fishing enterprise based in Spain plans to operate a fleet of trawlers in international waters, requiring them to comply with various international fishing agreements and receive diplomatic support if issues arise with other nations. Each vessel in the fleet must undergo immatriculation in Spain. This formal registration confirms their Spanish nationality, allowing them to display the Spanish flag and benefit from the legal framework and protection afforded by Spain to its vessels operating abroad, ensuring their operations are recognized and legitimate under international law.
Simple Definition
Immatriculation, in international law, refers to the process by which a merchant ship is granted nationality and enrolled on a nation's official registry. This act formally establishes the ship's legal connection to that country, thereby granting it the right to fly the registering nation's flag.