Classification Societies Acting on Behalf of States - A Conundrum in International Law?

Abstract

International rules on the safety of shipping have heavily relied on the commercial practices of the various actors and stakeholders in the business. In particular, States have depended on the role of classification societies when agreeing on international norms, as these have been at the forefront of the development of industry standards and requirements. Consequently, the development of maritime rules as a whole is generally sparked by an intricate and corollary relationship between the self-regulated industry standards and the supra-national imposition of norms. While classification societies are often better equipped than States to carry out certain surveying tasks, due to their high level of technical expertise, their role within the maritime world as a whole puts classification societies in a position of power which is not adequately addressed in international law.