Seafarers Rights

Author : Desislava Nikolaeva Dimitrova,Roger Blanpain
Publisher : Kluwer Law International B.V.
Page : 186 pages
File Size : 45,9 Mb
Release : 2010-01-01
Category : Law
ISBN : 9789041133496

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Seafarers' Rights in the Globalized Maritime Industry by Desislava Nikolaeva Dimitrova,Roger Blanpain Pdf

The enormous technological, financial, and structural changes of recent decades have revolutionized the international shipping industry, bringing about lower freight rates, shorter time in port and fast turnarounds, reduction in crew size, employment of cheap labour from developing countries, avoidance of national regulations and taxes, and diminished living and working standards on board. Exploitation of seafarers has always existed, but now it has become more common and frequent. Shipowners can cut costs in various ways, but the most profitable and easiest to achieve are those at the expense of labour costs, in particular costs for maintaining proper living conditions on board the ship. This bulletin examines in detail the structure of the shipping industry, focusing on problems concerning the working and living conditions of seafarers on board merchant ships serving the global sea transport system. Exploring all levels of maritime policymaking on a global and European level, the author analyses seafarers' rights in the light of international enforcement mechanisms and particularly in the light of the recent ILO Maritime Labour Convention. He also considers relevant case law, as well as advisory opinions and policy statements from various pertinent agencies, especially in the EU context.. Among the issues raised and discussed in depth in relation to their effect on seafarers' labour standards are the following: * ship manning companies; * illicit crewing agencies; * flags of convenience; * hours of work and rest; * wages; * occupational health and safety; * accommodation, food, water, and catering; * recreational facilities; * filing of grievance; and * port controls. The author shows that, expansion and progress of the maritime industry notwithstanding, there is a great need for effective enforcement mechanisms in this area. This is the first detailed analysis to connect the working and living conditions of seafarers with international, supranational, and national maritime legislation. A giant step towards establishing a global monitoring system to enforce international maritime conventions regarding seafarers' labour standards, it is sure to make an important contribution to both international labour and employment law and the law of the sea.

Author : Deirdre Fitzpatrick,Michael R. Anderson
Publisher : Unknown
Page : 704 pages
File Size : 55,9 Mb
Release : 2005-01-27
Category : Law
ISBN : UVA:35007005935873

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Seafarers' Rights by Deirdre Fitzpatrick,Michael R. Anderson Pdf

This book demonstrates how the seafarer, working in a truly global industry, often falls between the gaps in national and international law. As a result, seafarers often have inadequate legal protection. "Seafarers' Rights" seeks to document the rights and remedies available to seafarers, highlight the problem areas, examine the legal systems of certain seafaring nations and port states, and suggest areas that are ripe for legal reform.

Author : A. D. Couper
Publisher : Pluto Press (UK)
Page : 232 pages
File Size : 47,6 Mb
Release : 1999
Category : Political Science
ISBN : UOM:39015042870736

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Voyages of Abuse by A. D. Couper Pdf

'Voyages of Abuse is a most useful and much needed addition to the ocean literature ... The book is extremely well written and painstakingly documented ... The detailed case histories will shake some consciences.' Elisabeth Mann Borgese, Founder and Honorary Chair for Life, International Ocean Institute, Malta'This book is a fine contribution to the ongoing debate about global governance in shipping and will doubtless help in persuading those who remain opposed to the notion that with flag state rights come flag state responsibilities.' David Cockroft, ITF General Secretary'Professor Couper is well known in maritime circles for his passion and commitment for the welfare of the men and women of the sea. This book is a valuable addition to the cause of seafarers and their human rights. I warmly recommend it to all those who have the wellbeing of the shipping industry at heart.' Rev Jacques Harel, General Secretary, International Christian Maritime AssociationVoyages of Abuse details the deplorable conditions that exist in a minority sector of international shipping operating mainly, although not exclusively, under flags of convenience. In a horrific account of human rights abuses that would be little tolerated in the countries of the shipowners, the authors demonstrate that governments often pay little attention to cases of robbery, abandonment, deprivation and even death perpetrated by these shipowners or on vessels bearing their national flag. The financial and shipping institutions that support substandard shipowners are also prepared to ignore the plight of the individual seafarer serving on the ships under their tenure.The authors draw on case studies to illustrate the issues, including a perspective on Adriatic Tanker Company of Greece and examples of incompetent management and the reckless finance provisions in merchant shipping. The authors also examine the plight of seafarers' families, who are particularly vulnerable, and the legal rights of abused and abandoned seafarers. They conclude by arguing for a global governance of shipping.

Author : Pengfei Zhang
Publisher : Springer
Page : 184 pages
File Size : 55,5 Mb
Release : 2016-09-15
Category : Law
ISBN : 9783319436203

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Seafarers’ Rights in China by Pengfei Zhang Pdf

This book critically investigates the conditions of seafarers’ rights in China in legislation and in practice, focusing in particular on the restructuring process following the 2006 Maritime Labour Convention. Accordingly, it poses key research questions to major Chinese stakeholders to gauge their responses to the Convention, to determine whether the protection of Chinese seafarers has actually improved since the advent of the Convention, and further, to identify the continuing challenges for future improvement. The Convention will enter into force in China in November 2016, bringing with it significant changes.

Author : Moira McConnell,Dominick Devlin,Cleopatra Doumbia-Henry
Publisher : Martinus Nijhoff Publishers
Page : 723 pages
File Size : 46,7 Mb
Release : 2011-05-23
Category : Law
ISBN : 9789004183759

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The Maritime Labour Convention, 2006 by Moira McConnell,Dominick Devlin,Cleopatra Doumbia-Henry Pdf

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.

Author : Anonim
Publisher : Unknown
Page : 0 pages
File Size : 52,5 Mb
Release : 2021
Category : Fishers
ISBN : 9220320150

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Compendium of Maritime Labour Instruments by Anonim Pdf

Author : Paul K. Chapman
Publisher : Unknown
Page : 216 pages
File Size : 42,5 Mb
Release : 1992
Category : Labor unions
ISBN : NWU:35556022392658

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Trouble on Board by Paul K. Chapman Pdf

Trouble on Board provides a rare look at the vulnerable situation of international seafarers. Most are from the Third World, forced by economic necessity to go to sea. Beyond the reach of protections normally available to workers on shore, seafarers are frequently exploited by ship owners, recruiters, and captains. They receive appallingly low wages and have no system for redressing their grievances. Based on more than 1,500 letters and accounts of abuse, Trouble on Board describes the conditions under which many seafarers on cargo and cruise ships must live and work. It reveals an industry in which standards and working conditions have seriously declined, and serves as a disturbing case study of the internationalization of the workplace. Trouble on Board provides crucial insights for sociologists, academics in international labor, anyone interested in the maritime industry, and all those who are concerned about worsening labor conditions worldwide.

Author : Alistair D. Couper,Chris Walsh,Ben Stanberry,G.L. Boerne
Publisher : Pluto Press
Page : 0 pages
File Size : 45,6 Mb
Release : 1998-12-01
Category : Political Science
ISBN : 0745315402

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Voyages of Abuse by Alistair D. Couper,Chris Walsh,Ben Stanberry,G.L. Boerne Pdf

'Voyages of Abuse is a most useful and much needed addition to the ocean literature ... The book is extremely well written and painstakingly documented ... The detailed case histories will shake some consciences.' Elisabeth Mann Borgese, Founder and Honorary Chair for Life, International Ocean Institute, Malta'This book is a fine contribution to the ongoing debate about global governance in shipping and will doubtless help in persuading those who remain opposed to the notion that with flag state rights come flag state responsibilities.' David Cockroft, ITF General Secretary'Professor Couper is well known in maritime circles for his passion and commitment for the welfare of the men and women of the sea. This book is a valuable addition to the cause of seafarers and their human rights. I warmly recommend it to all those who have the wellbeing of the shipping industry at heart.' Rev Jacques Harel, General Secretary, International Christian Maritime AssociationVoyages of Abuse details the deplorable conditions that exist in a minority sector of international shipping operating mainly, although not exclusively, under flags of convenience. In a horrific account of human rights abuses that would be little tolerated in the countries of the shipowners, the authors demonstrate that governments often pay little attention to cases of robbery, abandonment, deprivation and even death perpetrated by these shipowners or on vessels bearing their national flag. The financial and shipping institutions that support substandard shipowners are also prepared to ignore the plight of the individual seafarer serving on the ships under their tenure.The authors draw on case studies to illustrate the issues, including a perspective on Adriatic Tanker Company of Greece and examples of incompetent management and the reckless finance provisions in merchant shipping. The authors also examine the plight of seafarers' families, who are particularly vulnerable, and the legal rights of abused and abandoned seafarers. They conclude by arguing for a global governance of shipping.

Author : Jennifer Lavelle
Publisher : CRC Press
Page : 399 pages
File Size : 42,8 Mb
Release : 2013-12-13
Category : Law
ISBN : 9781317931881

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The Maritime Labour Convention 2006: International Labour Law Redefined by Jennifer Lavelle Pdf

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---

Author : T. Alderton,Seafarers International Research Centre,International Labour Office
Publisher : International Labour Organization
Page : 226 pages
File Size : 43,5 Mb
Release : 2004
Category : Business & Economics
ISBN : 9221127133

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The Global Seafarer by T. Alderton,Seafarers International Research Centre,International Labour Office Pdf

This volume offers a systematic account of the effects of globalization on the shipping industry and seafarers' lives. The seafarers' labor market is changing rapidly and this study discusses the challenges encountered in recruitment practices, trade unions, and collective bargaining, as well as training, certification, and fraudulent certification. Wages, contracts, and tours of duty are also investigated, and the book includes in-depth treatment of seafarer safety and hazard exposure. Innovations such as automated engine rooms and the global maritime distress and safety system, the internationalization of ship registrations, multinational crewing and reductions in crewing levels, and the rise in ship management companies have had a profound effect on seafarers' living and working conditions. This perceptive book examines these and future issues for regulation and enforcement.

Author : Aldo Chircop,Theodore McDorman,Susan Rolston
Publisher : BRILL
Page : 800 pages
File Size : 52,5 Mb
Release : 2009-02-23
Category : Law
ISBN : 9789047426141

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The Future of Ocean Regime-Building by Aldo Chircop,Theodore McDorman,Susan Rolston Pdf

One of the most creative innovations of the international diplomatic community in the 20th century was its invention of the international regime,” wrote Douglas M. Johnston in his last major work published posthumously (The Historical Foundations of World Order: The Tower and the Arena, Nijhoff, 2008). While regimes often provide order and certainty and a consequent reduction in disputes and misunderstandings, regimes are driven by specific concerns. With diverse disciplinary backgrounds and perspectives, the distinguished contributors to this tribute follow a long tradition of scholarly inquiry into the governance, creation, operation, viability and maintenance of international regimes. Their contributions on ocean and environmental regimes as diverse as fisheries, ocean dumping, maritime security, seafarers’ rights, or enhancement of marine environmental protection attest to the depth to which modern international law and the underlying international relations have been transformed into an international law of structured cooperation. This book includes biographical and bibliographic notes on Douglas M. Johnston

Author : Iliana Christodoulou-Varotsi,Dmitry A. Pentsov
Publisher : Springer Science & Business Media
Page : 834 pages
File Size : 50,5 Mb
Release : 2007-10-18
Category : Law
ISBN : 9783540727507

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Maritime Work Law Fundamentals: Responsible Shipowners, Reliable Seafarers by Iliana Christodoulou-Varotsi,Dmitry A. Pentsov Pdf

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.

Author : Iliana Christodoulou-Varotsi,Dmitry A. Pentsov
Publisher : Springer Science & Business Media
Page : 823 pages
File Size : 43,8 Mb
Release : 2007-10-31
Category : Law
ISBN : 9783540727514

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Maritime Work Law Fundamentals: Responsible Shipowners, Reliable Seafarers by Iliana Christodoulou-Varotsi,Dmitry A. Pentsov Pdf

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.

Author : Senbursa, Nihan
Publisher : IGI Global
Page : 465 pages
File Size : 42,7 Mb
Release : 2022-03-25
Category : Business & Economics
ISBN : 9781799890416

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Handbook of Research on the Future of the Maritime Industry by Senbursa, Nihan Pdf

During the COVID-19 pandemic, employees of maritime and logistics sectors have continued their activities both on shore and on board to complete operations and supply continuity of logistics management in hard times. While organizations worked to provide the best services to customers, the shipping industry suffered by the work-life changes brought by the pandemic. Changes have been felt in talent management in new shipping, changing maritime ethics and affecting the maritime industry psychology, employee motivation, importance of seafarers, and employee rights and responsibilities. The Handbook of Research on the Future of the Maritime Industry presents leaders and managers from maritime and logistics industries, sharing their experiences, new paradigms, practices, and strategies. This book provides practical ideas and strategies to cope with the consequences of the “new normal” in the wake of the global pandemic crisis. Covering topics such as employee rights, occupational safety, and psychological effects, this book is an essential resource for senior executives, leaders and managers, HR professionals, lecturers, business clusters, entrepreneurs, researchers, scholars, academicians, and faculty of higher education.

Author : Colin Fenwick,Tonia Novitz
Publisher : Bloomsbury Publishing
Page : 636 pages
File Size : 42,8 Mb
Release : 2010-10-12
Category : Law
ISBN : 9781847315977

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Human Rights at Work by Colin Fenwick,Tonia Novitz Pdf

Concerns associated with globalisation of markets, exacerbated by the 'credit crunch', have placed pressure on many nation states to make their labour markets more 'flexible'. In so doing, many states have sought to reduce labour standards and to diminish the influence of trade unions as the advocates of such standards. One response to this development, both nationally and internationally, has been to emphasise that workers' rights are fundamental human rights. This collection of essays examines whether this is an appropriate or effective strategy. The book begins by considering the translation of human rights discourse into labour standards, namely how theory might be put into practice. The remainder of the book tests hypotheses posited in the first chapter and is divided into three parts. The first part investigates, through a number of national case studies, how, in practice, workers' rights are treated as human rights in the domestic legal context. These ten chapters cover African, American, Asian, European, and Pacific countries. The second part consists of essays which analyse the operation of regional or international systems for human rights promotion, and their particular relevance to the treatment of workers' rights as human rights. The final part consists of chapters which explore regulatory alternatives to the traditional use of human rights law. The book concludes by considering the merits of various regulatory approaches.