Maritime Labour

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---

This book focuses on maritime employment from a private international law perspective. The first chapter analyzes the background against which international jurisdiction and conflict of laws rules are drawn up and examines uniform law in this context, in particular the 2006 Maritime Labour Convention and the 2007 ILO Convention No. 188 on Work in Fishing. The second chapter addresses international jurisdiction issues as regards individual employment contracts, while also exploring other issues (e.g. insolvency-related and social security matters) that are subsequently revisited in the third chapter while discussing conflict of laws issues related to said contracts. In turn, chapter four focuses on collective labour relations and private international law, i.e. collective agreements, strikes and other forms of collective action and information, and on the participation rights of employees in business matters.

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---

Sometimes called a "bill of rights" for seafarers, the Maritime Labour Convention, 2006 sets out rights to decent working conditions and helps to establish conditions for fair competition for ship owners. It was designed as a global legal instrument that will become the fourth pillar of the international regulatory regime for quality shipping, complementing the key conventions of the International Maritime Organization (IMO). The convention contains a comprehensive set of global standards, consolidating almost all the existing maritime labor conventions and recommendations that have been adopted since 1920 in a single new instrument with a new format and requirements that reflect modern conditions in the industry. This essential new reference source presents the full text of the Maritime Labour Convention, 2006, along with a collection of related standards, including the Seafarers' Identity Documents Convention (Revised), 2003 (No. 185); the Work in Fishing Convention, 2007 (No. 188) and its accompanying recommendation; as well as the ILO's fundamental conventions and the Declaration on Fundamental Principles and Rights at Work and its follow-up.

Contains the provisions of ILO conventions and recommendations dealing with the conditions of employment of seafarers adopted by the International Labour Conference over a 70-year period, as well as the provisions of instruments applicable to all workers, including seafarers.

"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.