5.2 Contractual regulation
As mentioned above, it was not argued on the part of the mate that Norwegian law was expressly or implicitly agreed. Nevertheless, the Court states that it may be agreed that the main rule, viz. that the employment legislation is governed by the law of the flag state, is not applicable (para. 31). It is then a little surprising that the Court shortly thereafter subscribes to a statement from the Department of Justice “that it is doubtful to what extent international law allows Norwegian legislation to be applied on foreign vessels which are used by a Norwegian shipping company on other terms than bare boat terms” (para. 33). The basis for this reservation is apparently that the application of Norwegian law might be considered an infringement of the rights vested in the state of Antigua. However, if this restriction is accepted, the application of Norwegian law should not be problematic, as the link to Antigua was broken by the bare boat charter to the Faroe company.