A nacionalidade do navio à luz das convenções do alto mar e de Montego Bay: a real “ligação genuína” entre o estado e a embarcação

Abstract

This work examines the effects of using flags of convenience in the international maritime scenario. To this end, it proposes the analysis of the legal link between vessels and States, including the relevant legislation and the Conventions that regulate this practice. The limits of State sovereignty in maritime spaces are also addressed, in addition to exploring the genuine legal link and convenience between the Flag State and the vessel, highlighting the absence of a clear definition of the substantial link and its implications for maritime legal security. The institute of flags of convenience are presented, discussing the economic benefits, as well as the environmental and labor consequences. Based on this institute's analysis, the importance of strengthening the legal bond is highlighted in order to solidify and bring greater legal security at the international level. Bibliographical research is the methodology adopted to achieve the objectives of this work. To this end, published theoretical sources are analyzed to answer the question about the consequences of the lack of a substantial link and possible solutions to mitigate the problem presented