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This volume provides a detailed legal analysis of the fourth pillar of the international maritime regulatory regime, the comprehensive Maritime Labour Convention, 2006, and its provisions to achieve decent work for seafarers and a level playing field for shipowners.
The texts of the Guidelines for flag State inspections under the Maritime Labour Convention, 2006 and Guidelines for port State control officers carrying out inspections under the Maritime Labour Convention, 2006 are to be submitted to the 303rd Session (November 2008) of the ILO Governing Body which is expected to take a decision on its publication.
With the Maritime Labour Convention now in force (as of August 2013), the shipping industry is faced with a new international convention that has comprehensive implications across all sectors. This vital text provides timely analysis and thought-provoking essays regarding the Convention’s application and enforcement in practice. Hailed as the "Seafarer’s Bill of Rights" and the "fourth pillar" of the international regulatory regime for quality shipping, the Maritime Labour Convention is set to significantly alter the playing field for key stakeholders. This book offers diverse and interesting commentary in respect of the Convention’s impact on core sectors of the shipping industry, identifying both strengths and weaknesses of the Convention, as well as potential hurdles that will need to be overcome. Each chapter focuses on a different aspect of the Convention, ranging from individual rights of the seafarer to challenges of flag State implementation. Special attention is given to enforcement through examination of the innovative measures provided in the Convention itself, along with discussion of domestic enforcement mechanisms in certain States. Furthermore, the book evaluates whether the Convention has filled existing gaps in maritime labour law, resolved prior difficulties or created new problems. This book expertly addresses issues of fundamental importance to national authorities, shipping professionals and associations, maritime lawyers and academics worldwide. ---In memory of Richard Shaw---
This publication shows designated first-aid providers how to diagnose, treat, and prevent the health problems of seafarers on board ship. This edition contains fully updated recommendations aimed to promote and protect the health of seafarers, and is consistent with the latest revisions of both the WHO Model List of Essential Medicines and the International Health Regulations.--Publisher's description.
The guidelines contained in this book are an important international resource for implementing port State responsibilities under the Maritime Labour Convention, 2006 (MLC). They were adopted by the ILO in September 2008 together with Guidelines for flag State inspections under the MLC, 2006.
The book is intended to be about the Maritime Labour Convention 2006 (MLC 2006), about seafarers' security measures available before MLC 2006 and after its adoption. The following security measures will be addressed in the book: mandatory financial security established by the MLC 2006, flag State responsibility, labour supplying responsibility, port State control, and a ship arrest. The responsibility of the shipowner in respect of the seafarers engaged in work on his ship will be discussed in analysis of nowadays seafarers' recruitment process and a legal structure of shipping companies. Content will include the analysis of international (UNCLOS, ILO and IMO conventions, UNCCRO's, and Vienna Convention on Consular Relations 1963) and national law (Denmark, Estonia, Finland, Germany, Latvia, Norway, The Philippines, and The UK), and relevant legal documents - agreements, guidelines, and court cases. Under the MLC 2006 the shipowner has an obligation to ensure appropriate working conditions on board a ship, due payment of wages, repatriation of seafarers and to fulfil other obligations in accordance with international and national law and the seafarer’s employment agreement. Even nowadays, there are still shipowners who do not take care of the people who work on their ships: the crew onboard is left without food and drinking water, has not been paid for their work and cannot go back home because the shipowner does not pay for their repatriation. Current COVID-19 pandemic turned out to be a serious challenge to the MLC 2006 operation in practice. The MLC issues and seafarers’ employment and social rights continue to be on the agenda of shipping industry. It is expected that on 24 December 2024 the amendments of 2022 to the Code of the MLC 2006 will come into force. The Guidelines for port State and flag State authorities on how to deal with seafarer abandonment cases were adopted on First Meeting of the Joint ILO–IMO Tripartite Working Group to identify and address seafarers’ issues and the human element, held on 13–15 December 2022. The book aims to promote uniformity in implementation of the MLC 2006 by this increasing effectiveness of the MLC 2006. Book will bring a new knowledge in the area of maritime labour law. Accordingly, the author hopes that the book will be an important contribution for promoting understanding of seafarers’ rights and shipowners’ responsibilities under the MLC. It is intended that the book will be interesting for the professionals, seafarers, and also for students in Law/shipping faculties.
Since the International Labour Organisation's Maritime Labour Convention, 2006 (MLC) came into force internationally on 20 August 2013, it has already been amended, and a further two sets of amendments have been agreed and are expected to come into force in 2019 and 2020. Maritime Labour Convention, 2006 – UK and REG Implementation sets out in detail how the UK, Bermuda, Cayman Islands, Gibraltar and the Isle of Man (being the members of the Red Ensign Group (REG) which are subject to the MLC) have implemented the Convention. Specific references are given to the laws, merchant shipping notices and guidance, as well as identifying the areas where implementation is permitted by way of collective agreements. As the MLC sits in the context of the wider international regulatory regime, it expressly endorses the application of other international instruments and standards, particularly those of the International Maritime Organisation. Furthermore, many of the MLC's mandatory provisions have been incorporated into EU Directives, which are relevant to the UK and Gibraltar. These international and regional provisions are also referenced. Chapter 1 sets out an introduction to the ILO and the MLC. Chapter 2 describes the general approach of how the UK applies its legislation to UK ships and, while they are in UK waters, non-UK ships without MLC documentation, and non-UK ships with MLC documentation. Chapters 3-22 describe the UK provisions in more detail as the other REG members' laws are influenced by those to a significant extent. The specific provisions for Bermuda, the Cayman Islands, Gibraltar and the Isle of Man have been set out, with detailed references to the appropriate regulatory sources in Chapters 23-26. Due to the central role of the MLC's Title 5 on compliance and enforcement, this is set out in full (in Part VIII, Appendix 1), annotated with references to the relevant sections of the ILO's guidelines on flag state control and port state control. The full text of the amendments to the MLC have been set out in Part VIII, Appendix 2.