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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.
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---
The importance of international maritime labour law - both as a component of - ternational maritime law, and in socio-political and economic terms - has been recognised by the IMO International Maritime Law Institute for a number of years. Indeed, the Institute has annually organised a course on maritime labour law with the participation of inter alia the International Maritime Organization, the - ternational Labour Organization, the International Transport Workers’ Federation, and the German Shipowners’ Association. It was therefore a great pleasure when the authors invited me to introduce their forthcoming monograph on Maritime Work Law Fundamentals: Responsible S- powners Reliable Seafarers. As the title suggests, a fundamental challenge of this branch of international maritime law is to achieve a balance between the interests of the two main stakeholders. Institutionally, the effort to achieve this balance dates back a number of decades with its genesis mainly found in the work of the International Labour Organization. It has to be said that whilst this effort achieved great progress, it has led to a haphazard, plethora of legal instruments.
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.
This publication examines developments in international labour standards, constitutional and other procedures in relation to the supervision of standards, and technical assistance aspects during the year 2004; as well as information on the ratification and application of conventions and protocols, both with regards to specific conventions and by individual countries; and a list of International Labour Conference conventions adopted by session.
This report offers an in-depth overview of the important, and sometimes controversial, issues surrounding social security in a global context: its relationship to employment and development, its extension in terms of personal coverage, and its contribution to gender equality, as well as its financing. Consisting of resolutions and conclusions drawn from the International Labour Conference, 89th Session, 2001, this book contains the report to the conference - prepared for the general discussion on social security and sets out the key topics and priorities for providing and managing social security systems. Global trends in social security expenditure are covered, as the report addresses such pivotal questions as: Is social security facing an ageing crisis? Is it facing a globalization crisis? Has it reached its limits in terms of affordability? The concept of social dialogue, and its part in strengthening and expanding social security, is also discussed and the report considers how family and local solidarity networks, institutions, enterprises, governments and the international community can help enhance the effectiveness of social security. (ILO Website)
"Maritime Labour Convention" is a treaty established by the International Labour Organization convention as the fourth pillar of international maritime law. The treaty applies to all ships entering the harbors of port states (parties to the treaty) and ships flying the flags of the parties. It also provides a broad perspective on the seafarer's rights and fortifications at work.