By Nicolai I. Lagoni
Classification societies are discharging a variety of features within the curiosity of flag States and shipowners. they're very important actors within the method of maritime protection. as the legal responsibility of shipowners is proscribed, type societies were regarded as exempt from legal responsibility for a very long time – and in numerous jurisdictions this view nonetheless prevails. This learn analyses which activities of class societies can give upward push to claims and even if the societies could be held dependable lower than English, German or usa maritime legislations. furthermore, the elemental facets of a world conference at the predicament of the legal responsibility of class societies are developed.
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Extra info for The Liability of Classification Societies
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J. 1 (1997). 22 Part 1 [Factual Situation and Legal Foundations] and the same regime of liability. Hence, they are in the same way liable for their actions as every other technical adviser. Only in the case of the survey and classification of ships may specific principles of maritime law influence their liability. For this reason, their activities as a developer and surveyor of the ‘class’ and as a chartered surveyor who analyses the condition of a vessel will be dealt with in the following sections.
This has also been criticised by the International Union of Marine Insurers from 1987 onwards, compare Boisson, ‘Classification societies and safety at sea–Back to basics to prepare for the future’, 18 Mar. Pol’y 363 (1994), at 372–373. e. htm>, last accessed 19 March 2007. Mr Karamitsos of the European Commission’s energy and transport directorate, LL, 18 September 2003. Anderson, ISM Code (1998), 38–40 . 28 Part 1 [Factual Situation and Legal Foundations] are strict enforcers of safety regulations or offer flags of convenience, require the help of the societies.
463 (2002); Gordon, ‘The Liability of Marine Surveyors and Ship Classification Societies’, 19 J. Mar. L. & Com. 301 (1988), Stuart/Caffrey, ‘Liability of Marine Surveyors, Adjusters, and Claims Handlers’, 22 Tul. Mar. J. 1 (1997). 22 Part 1 [Factual Situation and Legal Foundations] and the same regime of liability. Hence, they are in the same way liable for their actions as every other technical adviser. Only in the case of the survey and classification of ships may specific principles of maritime law influence their liability.