ORCID
- Gotthard Mark Gauci: 0000-0002-9439-6485
Abstract
This article questions the need for the use of two legal fictions in modern maritime law: that a vessel/ship can in certain instances be treated as an extension of flag state territory; that a vessel/ship is an entity with human attributes. The article addresses the first ‘fiction’ mainly in the context of applicable international law as well as English law; the second ‘fiction’ is addressed mainly in the context of English law although selective reference is made to both primary and secondary legal sources from the United States. The article concludes that the two fictions are only of limited value in modern maritime law.
DOI Link
Publication Date
2022-03-29
Publication Title
International and Comparative Law Review
Volume
21
Issue
2
ISSN
1213-8770
Acceptance Date
2022-01-27
Deposit Date
2022-12-03
Embargo Period
2022-04-09
Keywords
Legal Fictions, Floating Island Theory, Territoriality Theory, Flag State Jurisdiction, Personification Theory, Procedural Theory, In Rem Procedure, Arrest of Ships
Creative Commons License
This work is licensed under a Creative Commons Attribution-NonCommercial-No Derivative Works 4.0 International License.
First Page
7
Last Page
28
Recommended Citation
Gauci, G. (2022) 'The Ship as an Extension of Flag State Territory and an Entity with Human Attributes - Is it Time to Jettison these Legal Fictions?', International and Comparative Law Review, 21(2), pp. 7-28. Available at: 10.2478/iclr-2021-0011
