| All the time, shipping industry and judicial practice maintain the international custom of classification societies'exemption. However, in recent years, several devastating oil spill incidents from ships causing ecological pollution have made the whole world to question the rationality of the tradition of exemption. As an indispensable organization of the shipping industry, as well as an important defender for marine environment and maritime security, how to judge the third-party legal liability of classification society in the compensation system for oil pollution damage from ships in the end? The paper is divided into four chapters, and the main contents are as follows:The first chapter mainly introduces the definition of the third-party legal liability of classification society in the compensation system for oil pollution damage from ships and the history of the third-party legal liability of classification society, from long-term cautious stage to short-term loose stage to recover conservative stage.The second chapter analyzes the main ground of defense of the classification society in the compensation system for oil pollution damage from ships in details. This chapter divides these main contents into three parts:non-contracting states having no jurisdiction, the application of CLCâ…¢(4) and sovereign immunity. By discussing the relevant provisions of CLC and the theory of international law and international private law systematically, it concludes the legal basis which classification societies can benefit from or not in the compensation system for oil pollution damage from ships.The third chapter focuses on the third-party legal liability of classification society in the compensation system for oil pollution damage from ships under Chinese law. On the basis of chapter two, the paper discuses the applicable law and legal responsibility of classification society in the foreign-related and no foreign-related cases under Chinese law, respectively.The forth chapter discusses the developmental trend of the third-party legal liability of classification society in the compensation system for oil pollution damage from ships. This chapter introduces strong reaction of the world to the classification so- ciety after the occurrence of oil pollution incidents in details. Combined with the nature and the legislative status quo of the classification society, it boldly predicts the development trend of classification societies, and gives the corresponding countermeasures and suggestions.Hope the deep study of the third-party legal liability of classification society in the compensation system for oil pollution damage from ships in this paper would be helpful to judge the tort liability of classification societies for shipping industry and judicial practice, and finally benefit the global marine environment's protection and international oil pollution compensation system's construction. |
