The Regulatory Regime for Discharge of Flag State Duties: The Role of Classification Societies

Abstract

The two principal actors on the stage of worldwide standards for ships are the International Maritime Organization (IMO) and Classification Societies (Class). Their roles are inextricably entwined and are reflected in the regulatory regime that has evolved over the last two centuries. Flag State issues associated with the creation of an international body to represent shipping, the Intergovernmental Maritime Consultative Organization (IMCO)1 , are recalled. The role of Class in the safety of ships, both historical and topical, and their relationship with the IMO and flag States, is identified as a leading and contentious issue, as is the conflict arising from their private and public roles. The regulatory regime involving Classification Societies , which was codified by the IMO for flag State jurisdiction and control, is analysed to identify issues arising from that framework. The role of the port State, and the development of multilateral port State control initiatives to address the shortcomings of flag State control , is discussed. The evolving concerns of the IMO regarding flag State jurisdiction and the measures they have taken to address these concerns are summarised and analysed. The starting point is to recall development of the two UN agencies that oversee maritime safety and working and living conditions for seafarers, the IMO and ILO , and the commonality of membership of the these organisations and with the UN.