i-law

Lloyd's Maritime and Commercial Law Quarterly

Tonia Novitz

Professor of Labour Law University of Bristol Law School

THE MARITIME LABOUR CONVENTION 2006: INTERNATIONAL LABOUR LAW REDEFINED. Edited by Jennifer Lavelle. Informa Law from Routledge (2014) xxxi and 245 pp, plus 109 pp Appendices and 10pp Index. Hardback £200.
The Maritime Labour Convention (“MLC”) was adopted under the auspices of the International Labour Organisation (“ILO”) international labour conference in 2006. Its aim was to address the manifold and systematic breach of seafarers’ rights (see Deirdre Fitzpatrick and Michael Anderson, eds, Seafarers’ Rights, OUP, 2006). It is notable that there has been a time lag between the adoption of this instrument and its entry into force (generally) on 20 August 2013 and in the UK on 7 August 2014. This speaks of a lack of political will on the part of many potentially affected states. Yet, the 57 ratifications of the MLC, although still not enough to give the instrument global force, offer a significant step towards the instruments’ objectives. A notable omission is (as is often the case in relation to ILO Conventions) that of the United States. Not all European Union (“EU”) Member States have ratified (Ireland being one key example), but there is a significant showing by the Europeans, indicative of general commitment to do so.
This 2014 collection of essays, edited by Jennifer Lavelle, seeks to examine the impact of the MLC at this juncture when it has entered or is about to enter into force for many EU states. The significance of the instrument’s content is flagged by Professor Hilton Staniland in the Foreword, in so far as the MLC now recognises seafarers as a “special category of worker” who deserve their own “bill of rights”. However, he also recognises the limitations of the MLC provisions, noting that these are identified by contributors to this book. Overall, this edited volume provides a range of scholarly, policy-based and practical insights. It is a rather eclectic collection of material, without a straightforward underlying narrative, but nevertheless offers much that is valuable for academics and practitioners alike.
The collection begins with an evaluation by Ariadne Abel of “The Maritime Labour Convention 2006 in the European Union”. Indeed, it is helpful that much of the analysis of the MLC in the book is situated in an EU context, which enables consideration of its concrete application within our domestic legal system and that of the EU. Abel points to the potential significance of Council Directive 2009/13/EC implementing the social partners’ agreement to give effect to MLC standards and notes the forthcoming proposed directives elaborating on Member State obligations relating to port and flag state responsibilities. The next chapter, offered by Adrian Attard and Paul Gonzi, offers a Maltese perspective on the MLC. The authors identify a number of significant changes made to Maltese law by the 2013 Rules in response to the Convention in an endeavour to strengthen the reputation of the Maltese flag. This indicates that the effects of the MLC do not only relate to what is legal under international law, but with what is to be regarded internationally by a community of states as legitimate.
Chapters 3, 4, 5 and 6 then offer insights into various technical aspects of the MLC and its potential implementation in relation to the shipmaster, the practice of yachts and problems associated with insurance (crewing insurance and seafarer abandonment insurance). It should be noted that this is not an uncritical endorsement of the MLC. Chapter 7 on “Seafarers and modern piracy” also points to a major gap in the MLC provisions. Chapters 8 and 9 consider enforcement procedures and problems of jurisdiction, there being some inevitable overlap between their content. The volume

444

The rest of this document is only available to i-law.com online subscribers.

If you are already a subscriber, click Log In button.

Copyright © 2024 Maritime Insights & Intelligence Limited. Maritime Insights & Intelligence Limited is registered in England and Wales with company number 13831625 and address 5th Floor, 10 St Bride Street, London, EC4A 4AD, United Kingdom. Lloyd's List Intelligence is a trading name of Maritime Insights & Intelligence Limited.

Lloyd's is the registered trademark of the Society Incorporated by the Lloyd's Act 1871 by the name of Lloyd's.