<abstract xmlns="http://www.w3.org/1999/xhtml">

<p>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.</p>
</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.

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

This work is licensed under the Creative Commons Attribution-NonCommercial-NoDerivatives 3.0 License.

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...

The Ship as an Extension of Flag State Territory and an Entity with Human Attributes – Is it Time to Jettison These Legal Fictions?

Published Online: Mar 29, 2022

Page range: 7 - 28

DOI: https://doi.org/10.2478/iclr-2021-0011

Keywords
Legal Fictions, Floating Island Theory, Territoriality Theory, Flag State Jurisdiction, Personification Theory, Procedural Theory, Procedure, Arrest of Ships

© 2021 Gotthard Mark Gauci, published by Sciendo

This work is licensed under the Creative Commons Attribution-NonCommercial-NoDerivatives 3.0 License.

The Ship as an Extension of Flag State Territory and an Entity with Human Attributes – Is it Time to Jettison These Legal Fictions?

Published Online: Mar 29, 2022

Page range: 7 - 28

DOI: https://doi.org/10.2478/iclr-2021-0011

KeywordsLegal Fictions, Floating Island Theory, Territoriality Theory, Flag State Jurisdiction, Personification Theory, Procedural Theory, Procedure, Arrest of Ships

© 2021 Gotthard Mark Gauci, published by Sciendo

This work is licensed under the Creative Commons Attribution-NonCommercial-NoDerivatives 3.0 License.

Keywords
Legal Fictions, Floating Island Theory, Territoriality Theory, Flag State Jurisdiction, Personification Theory, Procedural Theory, Procedure, Arrest of Ships