Abstract
The purpose of this study is to analyze one of the most relevant dysfunctions in the implementation of the MLC: the abandonment of seafarers. Although the agreement has improved the working conditions and constitutes an authentic legal status for seafarers, it suffers from serious dysfunctions, the most serious of which is the abandonment of seafarers. MLC was amended in 2014 by requiring having a financial security for repatriation in case of abandonment to expand the initial requirement for financial security for repatriation in the MLC original version. This chapter aims to assess the causes of this circumstance and to propose viable and realistic solutions. The study also includes seafarers not covered by the MLC: fishermen and yacht crews, who are special cases.
TopBackground
As has been highlighted by various authors (Couper, 2000, 2012; Ekow, 2010; Exarchopoulos et al., 2018), while there is a remarkable body of evidence related to shipping and seafarers, the availability of specific data related to seafarers' welfare is considerably reduced. As has been pointed out, in line with the globalization of maritime transport and its workers, The Convention (henceforth ‘the convention’) represents one of the first legal attempts at universal recognition and protection of transnational workers. The convention is even considered to be a global pilot project for exploring innovative approaches for implementing the concept of decent work for transnational workers and employers (Chagas Lessa, 2017). Because seafarers work across national boundaries, the ‘abandonment of seafarers’ is regarded as a transnational phenomenon (Dua, 2019). It is very important to highlight this aspect because it sets a valuable precedent for the future and for other transnational workers in a highly globalized world. The convention, despite its universal vocation, to achieve a high number of ratifications by the states and its early entry into force, has left a wide range of configurative margins to the states, which accounts for an important part of the dysfunctions in the implementation of the convention. As for September 2019, the convention has been ratified by 97 states, which account for more than 91% of the marine industry worldwide. Although universal ratification has not been achieved, the convention has accomplished large-scale effects, so that vessels from non-ratified states are forced into giving access for MLC inspections when providing services at terminals of ratified states and may confront the consequences of non-compliance with MLC.
Key Terms in this Chapter
Maritime Law: Also called “admiralty law” or “the law of admiralty,” the laws and regulations, including international agreements and treaties, which exclusively govern activities at sea or in any navigable waters.
Marine Insurance: A type of insurance designed to provide coverage for the transportation of goods either on the ocean or by land as well as damage to the waterborne instrument of conveyance and to the liability for third parties arising out of the process.
MLC, 2006: The Maritime Labour Convention (MLC) is an International Labour Organization convention, number 186, established in 2006 as the fourth pillar of international maritime law and embodies “all up-to-date standards of existing international maritime labour Conventions and Recommendations, as well as the fundamental principles to be found in other international labour Conventions
Crew: A group of people on a vessel, dedicated to its maneuvering and service.
Maritime Safety: Refers to the protection of life and property through the development of regulation, management, and technology for all forms of transport by water, not just sea.
Seafarers: Someone who is employed to serve aboard any type of marine vessel.