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The Maritime Labour Convention, 2006 (MLC, 2006), adopted by the International Labour Organization (ILO) in 2006, is the fourth pillar of the international maritime regulatory regime. It both fills a gap in the 1982 United Nations Convention on the Law of the Sea and complements the International Maritime Organization’s (IMO) core conventions on ship safety, & security, training and pollution prevention. Aimed at achieving both “decent work” for seafarers and fair competition for shipowners, the MLC, 2006 covers most aspects of maritime labour. It establishes an effective enforcement and compliance system with, for the first time, certification of seafarers’ working and living conditions on ships. With its interwoven labour and social rights and economic goals, the MLC, 2006 is an international legal instrument that will have a significant impact on approaches to labour standards in other globalized sectors. Co-authored by international law practitioners and scholars with combined expertise in the public international law of the sea, maritime law, international labour law, and, more specifically, direct involvement with the development of the MLC, 2006 over nearly a decade, The Maritime Labour Convention, 2006: A Legal Primer to an Emerging International Regime discusses the MLC, 2006 within the contexts of labour and maritime law. It also includes an appendix with the full Convention text (and notes). Additional documents cited in the work are also available on the International Labour Organization's website.
Explains the wording used in existing instruments (initially in the two authentic languages for the drafting of ILO standards, English and French). Shows the most frequently used terms and expressions and specifies their meaning and scope.
Examining the fulfilment of international obligations by subjects of this law, this book explores the normative and functional links between the sources and rules of international law on the one hand, and the responsibility for violating international law on the other. In the sphere of law-making, the theory of obligations allows for a more precise and considered formulation of international obligations. It has the potential to enable subjects of international law to behave more rationally, allowing deeper reflection on whether to take on obligations and how to properly perform them. This book proposes a new approach to the issue of the proper operation of international law, with the theory of obligations at its heart. Linking the institutions and concepts of international law into a rational whole, the book offers an analysis of the operation of international law and the behaviour of its subjects to develop a framework for ensuring the ultimate effectiveness of international law. Analysing sources of law including treaties and common law, alongside the resolutions of international organisations, this book demonstrates the practical application of the subject with reference to the jurisprudence of international courts and other bodies. The volume will be of interest to scholars, students, and practitioners concerned with international law – its creation, performance, application, compliance, and enforcement.
This report has three aims: reviewing the ILO's progress in assisting constituents to achieve gender equality in the world of work; highlighting its current efforts to implement International Labour Conference (ILC) resolutions and Governing Body decisions on promoting gender equality and mainstreaming it in the Decent Work Agenda; and providing background for constituents to chart a strategic course for future work.
A concise account of international law by an experienced practitioner, this book explains how states and international organisations, especially the United Nations, make and use international law. The nature of international law and its fundamental concepts and principles are described. The difference and relationship between various areas of international law which are often misunderstood (such as diplomatic and state immunity, and human rights and international humanitarian law) are clearly explained. The essence of new specialist areas of international law, relating to the environment, human rights and terrorism are discussed. Aust's clear and accessible style makes the subject understandable to non-international lawyers, non-lawyers and students. Abundant references are provided to sources and other materials, including authoritative and useful websites.
Platform work – the matching of the supply of and demand for paid labour through an online platform – often depends on workers who operate in a “grey area” between the archetype of an employee and a self-employed worker. This important book explores the utility of the International Labour Organization’s existing standards in governing this phenomenon. It indicates that despite their relevance, many standards have little or no impact. The standards apply to the issue but they fail to connect with it. The author shows how three ILO conventions – the Home Work Convention, 1996 (No. 177), the Private Employment Agencies Convention, 1997 (No. 181), and the Domestic Workers Convention, 2011 (No. 189) – can be revitalised to have an impact on the platform work debate. In the course of the analysis he responds in depth to such questions as the following: What are digital labour platforms? What does decent work mean? Did the ILO centenary fundamentally change anything? What is the link between private employment services and platform work? How do crowdworkers relate to homeworkers and teleworkers? Are platform workers engaged in domestic work? What form could a future ILO standard on platform work take? Given that the ILO plans to start discussions on a potential future standard for platform work in 2022, this book will prove very useful in highlighting the issues and standards that such discussions should consider. Research has shown that the techniques and tools of the platform economy have spread far beyond gig work, resulting in widespread “gigification” and restructuring of workplace behaviours and relationships, jobs, and communities across the world. For this and other reasons, including the book’s detailed analysis of issues not addressed elsewhere, labour lawyers, in-house counsel, researchers, and policymakers will gain valuable insight into what decent work in the platform economy would require, thus greatly broadening the discussion on this difficult-to-regulate phenomenon.
2nd version of a 1994 publication.
An ILO code of practice