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The Liability of Classification Societies : Hamburg Studies on Maritime Affairs - Nicolai Lagoni

The Liability of Classification Societies

Hamburg Studies on Maritime Affairs

Paperback

Published: 29th June 2007
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Classification societies are discharging various functions in the interest of flag States and shipowners. They are important actors in the system of maritime safety. Because the liability of shipowners is limited, classification societies have been considered as exempt from liability for a long time - and in several jurisdictions this view still prevails. This study analyses which actions of classification societies may give rise to claims and whether or not the societies can be held liable under English, German or United States maritime law. Moreover, the fundamental aspects of an international convention on the limitation of the liability of classification societies are developed.

Table of Contentsp. XI
Abbreviationsp. XVII
Introductionp. 1
[Factual Situation and Legal Foundations]p. 5
The Classification of Vesselsp. 5
The Concept of 'Classification'p. 5
The Historical Development of Classification Societiesp. 8
The Relevance of Classification Societies for the Maritime Industryp. 11
The Relevance of Classification Societies for the International Communityp. 22
The International Association of Classification Societies (IACS)p. 24
Current Challenges for Classification Societiesp. 26
Private Operations and Public Functions in Detailp. 43
Private Operationsp. 43
Public Functionsp. 50
Non-Delegable Duty of the Shipowner to Make the Vessel Seaworthy and Presumption of Unseaworthinessp. 55
[Legal Analysis]p. 59
Private Functions: The Protection of Contracting Partiesp. 59
English Lawp. 59
United States Lawp. 69
German Lawp. 99
Conclusionp. 105
Private Functions: Liability Towards Third Partiesp. 105
English Lawp. 105
United States Lawp. 142
German Lawp. 188
Application of the Conclusions to Claims by Different Partiesp. 230
Public Functionsp. 234
Liability under English Lawp. 235
Liability under United States Lawp. 240
Liability under German Lawp. 248
Excursus: Damage Caused by Both a Classification and Statutory Surveyp. 256
[A Convention on the Limitation of Liability of Classification Societies]p. 259
The Limitation of Liability in Shippingp. 259
The History of Limitationsp. 260
Cargo Limitationsp. 263
Global Limitationsp. 265
Limitations as Regards Passengersp. 269
Limitations of Civil Liability for Oil Pollution Damagep. 271
Limitation of Liability under the Current System of Limitationsp. 277
On the Application of Existing Limitation Regulations to Classification Societiesp. 277
The "Estonia" Case - an Example of the Effects of the Current Systemp. 300
Conclusionp. 303
Justifications of a New Convention on the Limitation of Liabilityp. 304
Classification Societies as a Part of the Maritime Safety Systemp. 304
Insurance and Compensationp. 304
Existence of a System of Compensation for Oil Pollution Damagep. 307
Self-Protection of Classification Societies by Company Lawp. 307
Liability and the Control of Old Vesselsp. 308
How Should the Interests be Balanced?p. 308
Principles of a Convention on the Limitation of Liabilityp. 316
European or International Law?p. 316
Strict Liability?p. 318
Harmonised Basis of Fault Liability?p. 320
Reversal of the Burden of Proof?p. 322
Basis of Limitation: Tonnage or Fees?p. 322
Level of Limitationsp. 323
Interrelation with the Limitation of Liability of the Shipownerp. 327
The Limitation of Liability for Public Functionsp. 328
Conclusionp. 329
Bibliographyp. 331
Table of Casesp. 351
Table of International Conventionsp. 365
Indexp. 373
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ISBN: 9783540729150
ISBN-10: 3540729151
Series: Hamburg Studies on Maritime Affairs
Audience: Professional
Format: Paperback
Language: English
Number Of Pages: 380
Published: 29th June 2007
Publisher: Springer-Verlag Berlin and Heidelberg Gmbh & Co. Kg
Country of Publication: DE
Dimensions (cm): 23.5 x 15.5  x 2.36
Weight (kg): 0.62