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Author: International Labour Organisation. Joint Maritime Commission
Publisher: International Labour Organization
Published: 2001
Total Pages: 56
ISBN-13: 9221122387
DOWNLOAD EBOOKAuthor: Moira McConnell
Publisher: Martinus Nijhoff Publishers
Published: 2011-05-23
Total Pages: 723
ISBN-13: 9004183752
DOWNLOAD EBOOKThis 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: Sandra Lielbarde
Publisher: Springer Nature
Published:
Total Pages: 220
ISBN-13: 3031602994
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Publisher: International Labour Organization
Published:
Total Pages: 24
ISBN-13:
DOWNLOAD EBOOKAuthor: Desislava Nikolaeva Dimitrova
Publisher: Kluwer Law International B.V.
Published: 2010-01-01
Total Pages: 186
ISBN-13: 9041133496
DOWNLOAD EBOOKThe 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: T. Alderton
Publisher: International Labour Organization
Published: 2004
Total Pages: 226
ISBN-13: 9789221127130
DOWNLOAD EBOOKThis 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: John N. K. Mansell
Publisher: Springer Science & Business Media
Published: 2009-06-12
Total Pages: 276
ISBN-13: 3540929339
DOWNLOAD EBOOKAll of these flag States have the right to sail ships flying their flag on the high seas (LOSC Article 90) ; and those ships enjo y the freedom of navigation upon the high seas (LOSC Article 87) . W ith this freedom comes a concomitant duty upon the flag State to effectively exercise its jurisdiction and control in administrative , technical , social (LOSC Article 94 (1)) and en vironmental protection (LOSC Article 217) matters over ships flying its flag. 1.2 Flag State Responsibility The absence of any authority over ships sailing the high seas would lead to chaos. One of the essential adjuncts to the principle of freedom of the seas is that a ship must fly the flag of a single State and that it is subject to the jurisdiction of that State. (Brown 1994 , p. 287) This opinion of the International Law Commission in 1956 on a draft article of the High Seas Convention (HSC) was a product of its time; a time of traditional maritime States and responsible long-established shipping companies operating for 3 the most part under the effective maritime administrations of their national flag .
Author: Barbara Kwiatkowska
Publisher: BRILL
Published: 2004-04-01
Total Pages: 1156
ISBN-13: 9047413075
DOWNLOAD EBOOKNow in its 17th year, the NILOS Documentary Yearbook provides the reader with an excellent collection of documents related to ocean affairs and the law of the sea, issued each year by organizations, organs and bodies of the United Nations system. Documents of the UN General Assembly and Security Council, Meeting of States Parties to the UN Law of the Sea Convention, CLCS, ISBA, ITLOS, Follow-ups to the UN Fish Stocks and Small Island States Conferences, WSSD, ECOSOC, UNEP and UNCTAD are reproduced first, followed by the documents of FAO, IAEA, IMO and NESCO/IOC. As in the previous volumes, documents which were issued in the course of 2001 are reproduced while other relevant documents are listed. The NILOS Documentary Yearbook has proved to be of invaluable assistance in facilitating access of the international community of scholars and practitioners in ocean affairs and the law of the sea to essential documentation. The entry of the 1982 UN Law of the Sea Convention into force in 1994 and of the Part XI Agreement in 1996, as well as of the UN Fish Stocks Agreement in 2001, coupled with the review of the UNCED Agenda 21 the 2002 Johannesburg World Summit, make continuation of this assistance of particular significance in the years to come. The members of the Yearbook's Advisory Board are: Judges Abdul Koroma and Shigeru Oda of the ICJ, UNDOALOS Director Mrs. Annick de Marffy, ITLOS President Dolliver Nelson and Judges Thomas Mensah and Tullio Treves, as well as Rosalie Balkin, Edward Brown, Bernard Oxman and Shabtai Rosenne.
Author: Jennifer Lavelle
Publisher: CRC Press
Published: 2013-12-13
Total Pages: 548
ISBN-13: 1317931874
DOWNLOAD EBOOKWith 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: Norman A. Martínez Gutiérrez
Publisher: Routledge
Published: 2009-12-16
Total Pages: 469
ISBN-13: 113518335X
DOWNLOAD EBOOKInternational maritime law is far from inert, everyday international affairs constantly test existing law and, in many occasions, require its development. The collection contains innovative studies on current issues and events that are testing the present state of international maritime law. The book is intended as a Festschrift to Professor David Attard and celebrates his career in international law. This work represents a close collaboration amongst many practitioners and academics involved in the field of international maritime law including Judge Helmut Tuerk, Francis Reynolds, William Tetley Q.C. and Patrick J.S. Griggs.
