186
M. Seta
difficult for most States that are a party to the UNCLOS to fulfil this obligation and
establish appropriate legislation and monitor the compliance of these legislations by
themselves because of a lack of their capacity.
42 Classification societies can help
States fulfil this obligation by providing their expert knowledge and experience.
In some States, standards that classification societies establish are incorporated
into municipal legislation. Moreover, they are assigned to work as a recognised
organisation under IMO Conventions, which is mandated to confirm whether each
vessel complies with the rules and standards.
43 In the case of Japan, Article 19(46) of
the Marine Pollution Prevention Act provides that a classification that is registered
by the MLIT has the authority to inspect the vessels and decide whether a vessel
conforms to Japanese municipal standards.
44
In 1899, Class NK was established as the first classification society in Asia,
45 and
it was the sole Asian participant in the inaugural conference of the IACS.
46 Class NK
has broadened its mission and developed in size: the size of the vessels registered
by Class NK reached 1 million gross tonnages in 1963, 10 million in 1966, 150
million in 2007, and 200 million in 2012.
47 At the end of April 2019, there were
9,093 vessels registered by Class NK amounting to 253 million gross tonnages. This
figure occupies almost 20% of the total vessels that are registered by classification
societies globally.
48
As most Japanese shipping companies engaging in international shipping utilise
foreign registered vessels,
49 many foreign classification societies have branches in
Japan.
50 That being said, Class NK plays a central role as a classification society in
the Japanese maritime industry. For example, it publishes many documents that allow
the shipping industry access documents published by the IMO in Japanese language,
42 Tamo Zwinge, ‘Duties of Flag States to Implement and Enforce International Standards and
Regulations’, Journal of International Business and Law, Vol. 10 (2011), pp. 309–310.
43 Matthias Reuß and Jakob Pichon, ‘The European Union’s Exercise of Jurisdiction Over Classification Societies - An International Law Perspective on the Amendment of the EC “Directive
on Common Rules and Standards for Ship Inspection and Survey Organisations and for the Relevant Activities of Maritime Administrations”’, Zeitschrift für ausländisches öffentliches Recht und
Völkerrecht, Vol. 67 (2007), pp. 121–122.
44 The Marne Pollution Prevention Act, available at https://elaws.e-gov.go.jp/search/elawsSearch/
elaws_search/lsg0500/detail?lawId=345AC0000000136_20170908_426AC0000000073&opener
Code=1 (last visited 21 May 2019) (in Japanese).
45 ClassNK, ‘History’, available at https://www.classnk.or.jp/hp/en/about/history/index.html (last
visited 21 May 2019).
46 Delgado, supra note 40, p. 268.
47 ClassNK, supra note 45.
48 ClassNK, ‘Introduction’, available at https://www.classnk.or.jp/hp/en/about/aboutNK/index.html
(last visited 21 May 2019).
49 In 2017, while the number of commercial vessels operated by Japanese shipping companies
amounts to 2,458, the number of Japanese registered vessels is 237, namely only 9.6% of vessels
operated by Japanese shipping companies.
50 Japan Ship Machinery and Equipment Association, ‘Business Offices of Foreign Classification
Societies in Japan’, available at https://www.jsmea.or.jp/link/class.html (last visited 21 May 2019)
(in Japanese).
M. Seta
difficult for most States that are a party to the UNCLOS to fulfil this obligation and
establish appropriate legislation and monitor the compliance of these legislations by
themselves because of a lack of their capacity.
42 Classification societies can help
States fulfil this obligation by providing their expert knowledge and experience.
In some States, standards that classification societies establish are incorporated
into municipal legislation. Moreover, they are assigned to work as a recognised
organisation under IMO Conventions, which is mandated to confirm whether each
vessel complies with the rules and standards.
43 In the case of Japan, Article 19(46) of
the Marine Pollution Prevention Act provides that a classification that is registered
by the MLIT has the authority to inspect the vessels and decide whether a vessel
conforms to Japanese municipal standards.
44
In 1899, Class NK was established as the first classification society in Asia,
45 and
it was the sole Asian participant in the inaugural conference of the IACS.
46 Class NK
has broadened its mission and developed in size: the size of the vessels registered
by Class NK reached 1 million gross tonnages in 1963, 10 million in 1966, 150
million in 2007, and 200 million in 2012.
47 At the end of April 2019, there were
9,093 vessels registered by Class NK amounting to 253 million gross tonnages. This
figure occupies almost 20% of the total vessels that are registered by classification
societies globally.
48
As most Japanese shipping companies engaging in international shipping utilise
foreign registered vessels,
49 many foreign classification societies have branches in
Japan.
50 That being said, Class NK plays a central role as a classification society in
the Japanese maritime industry. For example, it publishes many documents that allow
the shipping industry access documents published by the IMO in Japanese language,
42 Tamo Zwinge, ‘Duties of Flag States to Implement and Enforce International Standards and
Regulations’, Journal of International Business and Law, Vol. 10 (2011), pp. 309–310.
43 Matthias Reuß and Jakob Pichon, ‘The European Union’s Exercise of Jurisdiction Over Classification Societies - An International Law Perspective on the Amendment of the EC “Directive
on Common Rules and Standards for Ship Inspection and Survey Organisations and for the Relevant Activities of Maritime Administrations”’, Zeitschrift für ausländisches öffentliches Recht und
Völkerrecht, Vol. 67 (2007), pp. 121–122.
44 The Marne Pollution Prevention Act, available at https://elaws.e-gov.go.jp/search/elawsSearch/
elaws_search/lsg0500/detail?lawId=345AC0000000136_20170908_426AC0000000073&opener
Code=1 (last visited 21 May 2019) (in Japanese).
45 ClassNK, ‘History’, available at https://www.classnk.or.jp/hp/en/about/history/index.html (last
visited 21 May 2019).
46 Delgado, supra note 40, p. 268.
47 ClassNK, supra note 45.
48 ClassNK, ‘Introduction’, available at https://www.classnk.or.jp/hp/en/about/aboutNK/index.html
(last visited 21 May 2019).
49 In 2017, while the number of commercial vessels operated by Japanese shipping companies
amounts to 2,458, the number of Japanese registered vessels is 237, namely only 9.6% of vessels
operated by Japanese shipping companies.
50 Japan Ship Machinery and Equipment Association, ‘Business Offices of Foreign Classification
Societies in Japan’, available at https://www.jsmea.or.jp/link/class.html (last visited 21 May 2019)
(in Japanese).