Seafarers' access to jurisdictions over labour matters

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• 作者：Gang Chen^a ; Desai Shan^b ;
• 关键词：Jurisdiction ; Maritime labour matters ; Flag state ; Port state ; Labour Supplying State ; State of Shipowners
• 刊名：Marine Policy
• 出版年：2017
• 出版时间：March 2017
• 年：2017
• 卷：77
• 期：Complete
• 页码：1-8
• 全文大小：359 K
• 卷排序：77

文摘

The Maritime Labour Convention, 2006 outlines a framework for states to enforce jurisdiction over maritime labour matters, including the Flag State, Port State and Labour Supplying State. However, the Convention does not provide explicit guidance on jurisdiction determination. This article argues that seafarers should have the right to access the jurisdictions of member states, and that future amendment to the Convention should confirm this right. This paper first analyses current theories of maritime labour jurisdiction. Secondly, it conducts a comparative doctrinal analysis regarding adjudicative jurisdiction principles in common law and civil law systems. Thirdly, in three case studies involving concurrence jurisdictions of member states, this article finds that the authority of any single member state is not reliably accessible to seafarers, in particular when the state has no strong link with the seafarers. This article recommends that seafarers’ rights in the Convention to choose one jurisdiction from relevant member states should be confirmed in a future amendment.