Seafarers' Rights in the Globalized Maritime Industry PDF Download
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Author: Desislava Nikolaeva Dimitrova
Publisher: Kluwer Law International B.V.
ISBN: 9041133496
Category : Law
Languages : en
Pages : 186
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Book Description
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: Desislava Nikolaeva Dimitrova
Publisher: Kluwer Law International B.V.
ISBN: 9041133496
Category : Law
Languages : en
Pages : 186
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Book Description
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: Alistair D. Couper
Publisher: Pluto Press
ISBN: 9780745315409
Category : Political Science
Languages : en
Pages : 0
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Book Description
'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: Moira McConnell
Publisher: Martinus Nijhoff Publishers
ISBN: 9004183752
Category : Law
Languages : en
Pages : 723
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Book Description
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: Deirdre Fitzpatrick
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 704
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Book Description
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:
Publisher:
ISBN: 9789220320150
Category : Fishers
Languages : en
Pages : 0
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Book Description
Author: United States. Office of Labor-Management Standards
Publisher:
ISBN:
Category : Industrial relations
Languages : en
Pages : 2
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Book Description
Author: Pengfei Zhang
Publisher: Springer
ISBN: 3319436201
Category : Law
Languages : en
Pages : 202
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Book Description
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: Jennifer Lavelle
Publisher: CRC Press
ISBN: 1317931882
Category : Law
Languages : en
Pages : 399
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Book Description
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: International Labour Office
Publisher:
ISBN:
Category : Business & Economics
Languages : en
Pages : 96
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Book Description
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.
Author: WITHERBY PUBLISHING GROUP.
Publisher:
ISBN: 9781856099936
Category : Merchant mariners
Languages : en
Pages : 0
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Book Description
