Seafarers' access to jurisdictions over labour matters |
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| Institution: | 1. School of Navigation, Wuhan University of Technology, China;2. Seafarers International Research Centre, Cardiff University, United Kingdom;1. State Environmental Protection Key Laboratory of Integrated Surface Water-Groundwater Pollution Control, Southern University of Science and Technology, Shenzhen 518055, China;2. Shenzhen Institute of Sustainable Development, Southern University of Science and Technology, Shenzhen 518055, China;3. Shenzhen Maritime Safety Administration, Shenzhen 519032, China;4. School of Navigation, Wuhan University of Technology, Wuhan 430063, China;5. Hubei Key Laboratory of Inland Shipping Technology, Wuhan University of Technology, Wuhan 430063, China;6. School of Naval Architecture and Ocean Engineering, Huazhong University of Science and Technology, Wuhan 430073, China;7. College of Management, Shenzhen University, Shenzhen, China;1. School of Maritime Science and Engineering, Southampton Solent University, East Park Terrace, Southampton SO14 OYN, England;2. University of Greenwich, Old Royal Naval College, Park Row, London SE10 9LS, England |
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| Abstract: | 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. |
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| Keywords: | Jurisdiction Maritime labour matters Flag state Port state Labour Supplying State State of Shipowners |
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