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The Maritime Labour Convention 2006 : international labour law redefined

Author: Jennifer Lavelle
Publisher: Milton Park, Abingdon, Oxon : Informa Law from Routledge, 2014.
Series: Maritime and transport law library.
Edition/Format:   eBook : Document : EnglishView all editions and formats
Summary:
"With the Maritime Labour Conventions entry into force in August 2013, the shipping industry will soon be 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 Conventions application and enforcement in practice. Hailed as the "Seafarers Bill of Rights" and the "fourth pillar" of the  Read more...
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Genre/Form: Electronic books
Additional Physical Format: Print version:
Maritime Labour Convention 2006
(DLC) 2013024040
Material Type: Document, Internet resource
Document Type: Internet Resource, Computer File
All Authors / Contributors: Jennifer Lavelle
ISBN: 1317931874 9781317931874 9781317931881 1317931882
OCLC Number: 899279492
Description: 1 online resource (xxxi, 366 pages .).
Contents: Cover; Title Page; Copyright Page; Foreword; Preface; Table of Contents; Acknowledgements; Table of Cases; Table of National Legislation; Table of European Legislation; Table of International Conventions and Instruments; CHAPTER 1: THE MARITIME LABOUR CONVENTION 2006 IN THE EUROPEAN UNION; Introduction; EU and Member State Competences in the Areas Covered by the MLC; The duty of loyal cooperation; EU Member States Acting Jointly in the Interest of the Union; Authorization to ratify 'in the Interest of the Union' and 'for the parts falling under Union Competence': Status in the EU legal order. Interim ConclusionsTransposition into EU Law: Council Directive 2009/13/EC Implementing the Social Partners' Agreement (Titles 1 to 4 of the MLC); Enforcement: Proposed Directives on port and flag State responsibilities under Title 5 of the MLC; Conclusions; CHAPTER 2: INCREASED SEAFARER PROTECTION UNDER THE MARITIME LABOUR CONVENTION 2006: A MALTESE FLAG PERSPECTIVE; Introduction; Overview of the Maltese Shipping Legislative Framework; The Maritime Labour Convention 2006 and Maltese Law; Aplicability of the 1973 Act and of the 2013 Rules; Material Changes Introduced as a Result of the MLC. Engaging and Placing CrewConditions of Employment; The master's engagement and responsibility; Contents of the Agreements; The Minimum Age for Seafarers; Medical Certificates; Training and Qualifications; Minimum Hours of Rest; Minimum Wage & Overtime; Leave Entitlement; Termination; Repatriation; Medical Stores; Provisions and Water; Accommodation; On-shore and On-board Complaint Procedures; Conclusions; CHAPTER 3: THE SHIPMASTER AND THE MARITIME LABOUR CONVENTION 2006; The Master and Title 1 : Minimum Requirements for Seafarers to Work on a Ship. The Master and Title 2 : Conditions of EmploymentThe Master and Title 3: Accommodations, Recreational Facilities and Catering; The Master and Title 4 : Health Protection, Medical Care, Welfare and Social Security Protection; The Master and Title 5 : Compliance and Enforcement; Conclusion; CHAPTER 4: YACHTING AND THE MARITIME LABOUR CONVENTION 2006; Introduction; Ship; Seafarer; Shipowner; Employment; Manning; Hours of Work and Rest; Crew Accommodation; Complaint Procedure; CHAPTER 5: CREWING INSURANCE UNDER THE MARITIME LABOUR CONVENTION 2006; The MLC and Insurance; Who is the Insurer? Who is the Insured?'Seafarers'; The Legal Framework and the Character of the Policy; Insurable Interest; Joint or Composite Policy?; Applicable Law and Jurisdiction; Rome I And II and the Employment Contract; Rome I And II and the Insurance Policy; Rome I; Rome II; Jurisdiction in Matters Relating to Insurance; Risks a Policy Should Cover; Repatriation; Health Protection; Foundering; Rights of Seafarers to Claim Directly under the Policy in the English System; The 2010 Act; Conclusion; CHAPTER 6: SEAFARER ABANDONMENT INSURANCE: A SYSTEM OF FINANCIAL SECURITY FOR SEAFARERS; Introduction.
Series Title: Maritime and transport law library.
Responsibility: edited by Jennifer Lavelle.

Abstract:

"With the Maritime Labour Conventions entry into force in August 2013, the shipping industry will soon be 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 Conventions application and enforcement in practice. Hailed as the "Seafarers 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 Conventions 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"--
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"This book is likely to prove an important resource, particularly in the UK and Europe, for those seeking to implement the MLC. It contains a wealth of valuable observations and useful detail." - Read more...

 
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