state inspectors themselves. Even so, it is submitted that port state control is perhaps
the best remedy against the operation of sub-standard ships.
Uniformity of port state inspections and control is achieved through the mechanism of Regional Memoranda of Understanding on Port State Control (PSC MOUs).
In some instances, there may be an overlap between port state and coastal state
jurisdiction or the exercise of dual or concurrent jurisdiction of the flag state and the
coastal state.
4.4 Industry Controls
4.4.1 Classification Societies
With few exceptions,
87 classification societies are private entities that operate for
profit providing services relating to ship safety and seaworthiness under rules and
standards set up by themselves. Uniformity of standards is ensured through the
International Association of Classification Societies (IACS) whose membership
includes virtually all class societies. Historically, these bodies were formed at the
instigation of the hull and machinery insurers of ships and they operate under
contractual arrangements with shipowners, the object being to grant them class
designations which indicated the integrity of the ship in terms of safety and fitness
to face the perils of the sea and operate in a potentially hostile marine environment.
While they continue to perform this function, in relatively recent times, they have
been carrying out statutory surveys under conventions on behalf of flag state
administrations; and in these instances, are referred to as recognized organizations
(RO).
88 Traditionally, class societies have been carrying out load line and tonnage
measurement surveys under the respective conventions. Whereas some developed
Maritime Administrations such as the Maritime and Coast Guard Agency (MCA) of
the UK choose to reserve certain types of surveys such as those relating to safety
equipment and fire protection surveys to themselves, most Maritime Administrations
today delegate virtually all statutory surveys out to the RO’s.
The Conventions make it clear that the ultimate responsibility for ensuring that
the convention obligations are met, rests with the flag state Administration who must
oversee the tasks delegated to the RO, and in order to do so, must have the requisite
expertise available within the staff of the Administration.
87 China and Vietnam, among others have classification societies that are government entities.
88 Mukherjee and Brownrigg (2013), p. 185.
Ship Nationality, Flag States and the Eradication of Substandard Ships:. . .
599
the best remedy against the operation of sub-standard ships.
Uniformity of port state inspections and control is achieved through the mechanism of Regional Memoranda of Understanding on Port State Control (PSC MOUs).
In some instances, there may be an overlap between port state and coastal state
jurisdiction or the exercise of dual or concurrent jurisdiction of the flag state and the
coastal state.
4.4 Industry Controls
4.4.1 Classification Societies
With few exceptions,
87 classification societies are private entities that operate for
profit providing services relating to ship safety and seaworthiness under rules and
standards set up by themselves. Uniformity of standards is ensured through the
International Association of Classification Societies (IACS) whose membership
includes virtually all class societies. Historically, these bodies were formed at the
instigation of the hull and machinery insurers of ships and they operate under
contractual arrangements with shipowners, the object being to grant them class
designations which indicated the integrity of the ship in terms of safety and fitness
to face the perils of the sea and operate in a potentially hostile marine environment.
While they continue to perform this function, in relatively recent times, they have
been carrying out statutory surveys under conventions on behalf of flag state
administrations; and in these instances, are referred to as recognized organizations
(RO).
88 Traditionally, class societies have been carrying out load line and tonnage
measurement surveys under the respective conventions. Whereas some developed
Maritime Administrations such as the Maritime and Coast Guard Agency (MCA) of
the UK choose to reserve certain types of surveys such as those relating to safety
equipment and fire protection surveys to themselves, most Maritime Administrations
today delegate virtually all statutory surveys out to the RO’s.
The Conventions make it clear that the ultimate responsibility for ensuring that
the convention obligations are met, rests with the flag state Administration who must
oversee the tasks delegated to the RO, and in order to do so, must have the requisite
expertise available within the staff of the Administration.
87 China and Vietnam, among others have classification societies that are government entities.
88 Mukherjee and Brownrigg (2013), p. 185.
Ship Nationality, Flag States and the Eradication of Substandard Ships:. . .
599