简介
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.
目录
Table Of Contents:
List of Figures ix
List of Tables xi
List of Abbreviations xiii
Summary xvii
Preface xxi
Purpose xxiii
Methods and Sources xxv
Delimitation xxvii
Disposition xxix
Part I The World of Shipping: A General Overview 1(26)
1 Shipping and World Trade 3(7)
1.1 Background 3(3)
1.2 Shipping and Globalization 6(1)
1.3 Technological Development 7(3)
2 Ownership Organization and Finance 10(2)
2.1 Ownership Organization 10(1)
2.2 Finance 11(1)
3 Ship Manning Companies 12(2)
4 Flag States and Regulations 14(11)
4.1 Flag of Convenience 16(2)
4.2 Cutting Costs Strategies 18(2)
4.3 The Genuine Link 20(1)
4.4 The Case of Erika and Prestige 21(2)
4.5 Crew of Convenience 23(2)
5 Conclusion 25(2)
Part II The Seafarer: A Profile 27(10)
1 The Global Labour Market 27(4)
1.1 Composition of the Global Workforce 28(1)
1.2 Mixed Nationality Crew 29(2)
2 Seafarer's Profession 31(4)
2.1 Specificity of the Seafarer's Profession 32(1)
2.2 Why a Person Should Become a Seafarer 33(2)
3 Conclusion 35(2)
Part III Employment Relationships 37(32)
1 Collective Labour Relations 38(10)
1.1 Industrial Relations 38(3)
1.2 Trade Unions 41(2)
1.3 The International Transport Worker's Federation 43(3)
1.4 Transnational Collective Bargaining 46(2)
2 Individual Labour Relations 48(19)
2.1 Employment Contract 49(1)
2.1.1 Conditions of the Employment Contract 50(1)
2.1.2 Duration of the Employment 51(2)
2.1.3 Termination of the Contract and Repatriation 53(2)
2.2 Hours of Work and Rest 55(1)
2.3 Wages 56(4)
2.4 Occupational Health and Safety 60(1)
2.4.1 Occupational Health 60(2)
2.4.2 Safety 62(2)
2.5 Welfare 64(1)
2.5.1 Accommodation, Food and Catering 65(1)
2.5.2 Communication and Recreational Facilities 66(1)
3 Conclusion 67(2)
Part IV Implementation and Enforcement of Seafarers' Rights at the International Scene 69(32)
1 Grievance, Applicable Law and Jurisdictions 70(11)
1.1 International Standards and Organizations 70(5)
1.2 Enforcement Mechanisms 75(1)
1.3 Seafarers Grievance 76(2)
1.4 Monitoring and Port State Controls 78(3)
2 Maritime Labour Convention 81(9)
2.1 The Super Convention 81(4)
2.2 Functioning and Contents of the MLC 85(2)
2.3 Limitations of the MLC 87(3)
3 EU Maritime Law Policy and Implementation of the MLC at European level 90(8)
3.1 Strengths and Weaknesses of European Maritime Transport 90(3)
3.2 Development of the EU Maritime Policy 93(3)
3.3 Reflection of the MLC in EU Maritime Policy 96(2)
4 Conclusion 98(3)
Part V General Conclusion 101(6)
Appendix 1 Figures 107(12)
Appendix 2 Tables 119(18)
Bibliography 137
List of Figures ix
List of Tables xi
List of Abbreviations xiii
Summary xvii
Preface xxi
Purpose xxiii
Methods and Sources xxv
Delimitation xxvii
Disposition xxix
Part I The World of Shipping: A General Overview 1(26)
1 Shipping and World Trade 3(7)
1.1 Background 3(3)
1.2 Shipping and Globalization 6(1)
1.3 Technological Development 7(3)
2 Ownership Organization and Finance 10(2)
2.1 Ownership Organization 10(1)
2.2 Finance 11(1)
3 Ship Manning Companies 12(2)
4 Flag States and Regulations 14(11)
4.1 Flag of Convenience 16(2)
4.2 Cutting Costs Strategies 18(2)
4.3 The Genuine Link 20(1)
4.4 The Case of Erika and Prestige 21(2)
4.5 Crew of Convenience 23(2)
5 Conclusion 25(2)
Part II The Seafarer: A Profile 27(10)
1 The Global Labour Market 27(4)
1.1 Composition of the Global Workforce 28(1)
1.2 Mixed Nationality Crew 29(2)
2 Seafarer's Profession 31(4)
2.1 Specificity of the Seafarer's Profession 32(1)
2.2 Why a Person Should Become a Seafarer 33(2)
3 Conclusion 35(2)
Part III Employment Relationships 37(32)
1 Collective Labour Relations 38(10)
1.1 Industrial Relations 38(3)
1.2 Trade Unions 41(2)
1.3 The International Transport Worker's Federation 43(3)
1.4 Transnational Collective Bargaining 46(2)
2 Individual Labour Relations 48(19)
2.1 Employment Contract 49(1)
2.1.1 Conditions of the Employment Contract 50(1)
2.1.2 Duration of the Employment 51(2)
2.1.3 Termination of the Contract and Repatriation 53(2)
2.2 Hours of Work and Rest 55(1)
2.3 Wages 56(4)
2.4 Occupational Health and Safety 60(1)
2.4.1 Occupational Health 60(2)
2.4.2 Safety 62(2)
2.5 Welfare 64(1)
2.5.1 Accommodation, Food and Catering 65(1)
2.5.2 Communication and Recreational Facilities 66(1)
3 Conclusion 67(2)
Part IV Implementation and Enforcement of Seafarers' Rights at the International Scene 69(32)
1 Grievance, Applicable Law and Jurisdictions 70(11)
1.1 International Standards and Organizations 70(5)
1.2 Enforcement Mechanisms 75(1)
1.3 Seafarers Grievance 76(2)
1.4 Monitoring and Port State Controls 78(3)
2 Maritime Labour Convention 81(9)
2.1 The Super Convention 81(4)
2.2 Functioning and Contents of the MLC 85(2)
2.3 Limitations of the MLC 87(3)
3 EU Maritime Law Policy and Implementation of the MLC at European level 90(8)
3.1 Strengths and Weaknesses of European Maritime Transport 90(3)
3.2 Development of the EU Maritime Policy 93(3)
3.3 Reflection of the MLC in EU Maritime Policy 96(2)
4 Conclusion 98(3)
Part V General Conclusion 101(6)
Appendix 1 Figures 107(12)
Appendix 2 Tables 119(18)
Bibliography 137
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