CYIL vol. 15 (2024)

VERONIKA D’EVEREUX according to the UNHCR report. 50 This category can be interpreted as the most serious level of violation of the women’s right in this regard. In regard to the other five states in red category, there remains mainly the option of UNHCR’s advocating and overall effort to promote change of their domestic laws. This might be rather difficult in the case of Brunei Darussalam due to their position in regard to Article 9(2) being in contrary to ‘the beliefs and principles of Islam’. In case of Kuwait, this might be just a matter of amending the ‘Kuwaiti Nationality Act, which stipulates that a child’s nationality shall be determined by that of his father.’ In case of Qatar, this might be a matter of amending the ‘Qatar’s law on citizenship’. It is impossible to identify based on the registry of declarations and reservations, what was the legal obstacle in Lebanon, as no details were provided. Finally, Somalia, as mentioned above, is not yet a state party of this convention. 4. Nationality of the ship, right to the flag, and stateless ship This last chapter is aimed as an arc of thought which the researched topic is closed. It is not, on the contrary, meant as an opening of another topic. The term nationality is used not only in relation to persons, but also to the ships. This term is used in the 1958 Convention on the High Seas . Article 5 stipulates that: [E]ach State shall fix the conditions for the grant of its nationality to ships, for the registration of ships in its territory, and for the right to fly its flag. Ships have the nationality of the State whose flag they are entitled to fly. There must exist a genuine link between the State and the ship; in particular, the State must effectively exercise its jurisdiction and control in administrative, technical and social matters over ships flying its flag . 51 Similar provision can be found in the 1982 United Nations Convention on the Law of the Sea, UNCLOS. 52 The last sentence regarding the genuine link between the state and the ship is missing in the UNCLOS. In accordance with these provisions, it is a matter of domestic law of the state to stipulate the conditions for granting the nationality to the ships , their registration, the overall technical regulations for ships, and last but not least the wide range of other legal regulations that are related to the operation of the ship (namely tax law, labour law, social security law etc). Once the nationality to the ship is granted, the ship sails under the flag of this state. The International Tribunal for the Law of the Sea strove to emphasise on the importance of the genuine link as the requirement for the state to carry out effective control towards the ship sailing under the registration of such state. 53 The lack of a state’s control over the ship might have serious consequences in terms of the safety of the obligations arising from this convention, it is essential that the jurisdiction of the ICJ is established. This prerequisite is fulfilled if the defendant state does not apply a reservation to Articles 9 and 29 and that the plaintiff state does not apply a reservation in relation to the defendant state’s accession to the treaty (it is essential that the treaty obligations exist between the plaintiff state and the defendant state). 50 The domestic laws do not allow mothers to confer their nationality on their children with no, or very limited exceptions. UNHCR. Background note on gender equality, nationality laws and statelessness 2022, ibid. 51 Convention on the High Seas. 29 April 1958. United Nations Treaty Series, vol. 450, pp. 11, 82. 52 United Nations Convention on the Law of the Sea. 10 December 1982. United Nations Treaty Series, vol. 1833, p. 3. 53 ONDŘEJ, J. Právní režimy mořských oblastí, Srovnání s kosmem a Antarktidou . [Legal regimes of marine areas, Comparison with space and Antarctica.] Plzeň: Vydavatelství a nakladatelství Aleš Čeněk s. r. o., 2017, pp. 206–208.

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