Deconstructing "Abandonment of Seafarers": A study on the transnationality of abandonment of seafarers: To what extent do private actors/shipping industry stakeholders have an impact on abandonment of seafarers?
The Maritime Labour Convention amendments concerning abandonment of seafarers are expected to come into force in 2017, something long sought by seafarers’ representatives. The Convention is already considered a success, being referred to as a ‘super convention’ or ‘seafarers’ bill of rights’, and the amendments are expected to receive a similar reception. Although it is an international legal instrument, the Maritime Labour Convention also establishes, for contracting states, soft guidelines on how its provisions should be implemented. The Convention recognises that the seafarer is a transnational worker in that different states are entitled to adopt varying approaches to achieving the objectives of the law where the seafarer is concerned. It is argued in this thesis that seafarers are transnational workers, hence that ‘abandonment of seafarers’ is a transnational phenomenon. That in turn means that the concept should not be confined merely to current international legal definitions. From a legal point of view, abandonment is a contractual breach committed by the employer. From a moral point of view, it is the employer severing their responsibility for their employees. Although this analysis is made largely through an English law lens, legislations of different countries are also studied. The evaluation undertaken in this study proves that there is in reality only a nominal differences between the legal rules of these countries in this area. The thesis will also assert that third parties in the employer-worker relationship, the so-called ‘private actors’, also have responsibilities in preventing abandonment from occurring, or in providing assistance when abandonment does happen. These private actors are essentially those persons involved in the maritime trade network – including those having responsibility for safety, such as flag states, port states, classification societies and P&I Clubs. In this regard, it is also stressed in this thesis that substandard shipping is directly connected to abandonment of seafarers; indeed, the Maritime Labour Convention should thus be seen as an important tool to help combat substandard shipping.
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