The UK’s current Sale of Goods Act 1979 covers both domestic and international sales. You have been asked by the UK Department for Business and Trade for your opinion on whether this is satisfactory, or whether the UK should enact a separate International Sale of Goods Act to deal with international sales
Date
2023-09-30
Authors
Journal Title
Journal ISSN
Volume Title
Publisher
Saudi Digital Library
Abstract
This dissertation explores the connection, between the link requirement in ship registration and the challenges brought about by Flags of Convenience (FOCs) in the field of maritime security. The genuine link principle, which is an aspect of maritime law establishes a connection between a ship and its flag State. This connection enables regulation, enforcement and safeguarding of interests. However, concerns have been raised regarding the authenticity of this connection and its impact on security due to the increasing prevalence of FOCs.
The study begins by examining the development of the link requirement tracing its evolution from its inception to its inclusion in international conventions. It analyzes the components that constitute a link, such as ownership, crew nationality, operational activities and management practices. Additionally, it investigates why FOCs have become so common by uncovering their motivations such as reduced oversight, tax incentives and operational flexibility.
Furthermore, this research explores the challenges and threats posed by FOCs to security. It delves into issues like compromises, in vessel conditions and crew welfare while also addressing the matter of assigning liability in case of accidents.The dissertation also covers the possibility of behavior, like fishing and environmental violations, made easier by FOC registrations. To address these challenges, the study offers suggestions for policies that can strengthen the link principle and minimize the risks associated with FOCs. These recommendations involve making ship registration more transparent promoting cooperation among flag States and finding a balance between interests and security concerns.
In summary, this dissertation highlights how important it is to maintain a link requirement, for security and responsible ship registration practices. By examining its development, challenges and policy measures it contributes to our understanding of how legal principles interact with interests while ensuring a secure maritime environment.
This paper examines the possibility of enacting the International Sale of Goods Act in the United Kingdom which is concerned with the treatment of international sales. The aim is to assess whether the current legislation is suitable for international sales and the extent to which it can harmonize with other agreements. By comparing the main differences between the Sale of Goods Act 1979 and the United Nations Convention on the Sale of Goods (CISG), this paper provides insight into the potential benefits of enacting separate international sales legislation deriving provisions between current legislation and the CISG. Furthermore, this research suggests key considerations and recommendations for the content of the law of the international sale of goods, should the UK choose to pursue this course of action.
This paper examines the possibility of enacting the International Sale of Goods Act in the United Kingdom which is concerned with the treatment of international sales. The aim is to assess whether the current legislation is suitable for international sales and the extent to which it can harmonize with other agreements. By comparing the main differences between the Sale of Goods Act 1979 and the United Nations Convention on the Sale of Goods (CISG), this paper provides insight into the potential benefits of enacting separate international sales legislation deriving provisions between current legislation and the CISG. Furthermore, this research suggests key considerations and recommendations for the content of the law of the international sale of goods, should the UK choose to pursue this course of action.
Description
Keywords
The United Nations Convention for the Sale of Goods, the Sale of Goods Act 1979, Genuine Link Requirement, Ship Registration, Flags of Convenience