Tort Law and the Regulation of Classification Societies: Between Public and Private Roles in the Maritime Industry

Abstract

Classification societies provide commercial certification services in the maritime sector. In this private role, they issue a certificate attesting that a vessel is built in accordance with class rules. The services of classification societies gradually expanded to carry out certification services on behalf of flag States. In this public role, they implement and enforce international maritime safety standards. The dual role of classification societies becomes important in assessing the potential of tort law in regulating their conduct. The article argues that the risk of tort liability can be used as a starting point to increase the accuracy and reliability of class certificates due its so-called deterring effect. The deterring effect of tort law, however, can be undermined by the dual role of classification societies. Against this background, the role and functioning of classification societies might need some reconsideration.