1

ILS CONFERENCE – MARITIME LABOUR CONVENTION

Introduction

2

Thursday, 09 May 2013 0900-1030 Introduction 1030-1100 Coffee 1100-1230    Implications for Maritime Administrations

as a Flag State 1230-1330 Lunch 1330-1500 Port State Jurisdiction and Port State Control 1500-1530 Coffee 1530-1700 Shipowner Obligations under the MLC

3

Friday, 10 May 20130900-1000 Documents and Certificates under the MLC 1000-1130 Contractual Issues for Shipowners 1130-1200 Coffee 1200-1330 Safety Regulatory Issues: The Role of

Recognised Organisations under the MLC 

4

BACKGROUND

Labour law is of a hybrid nature, consisting of a regulatory law element, being an important matter of public socioeconomic policy and a private law element because it is contractual in nature.

The legal process involves an administrative law element containing appropriate administrative law remedies

5

International Labour Organization (ILO) ILO as the oldest UN specialized agency

(founded 1919), with its own charter Tripartite structure (representations from

government, employers, labour)

6

ILO structure

Governing Body JMC – bipartite body consisting of

representatives of shipowners and seafarers; chaired by GBody chairman

International Labour Conference (maritime session) at 8-12 year intervals

Scheme of ILO instruments: conventions and recommendations

Forum for development of international labour law, including maritime labour law

7

ILO instruments

40 conventions relating to seafarers and numerous recommendations (over 30 pertain directly to seafarers)

ILO instruments are implemented through national legislation and in appropriate cases, through collective agreements

8

Structure of MLC Consists of

Preamble 16 Articles identified by Roman

numerals 5 Titles identified under Arabic

numerals, under which there are regulations ranging from 1.1 to 5.3

Under the Regulations, there is a Code consisting of “Standard” and “Guideline” Standard = mandatory Guideline = recommendatory

9

Structure of MLC

Convention practices not fully in alignment with the Vienna Convention on the Law of Treaties, 1969

Implications of the terms “Member”, “Ratification” and “Acceptance” (see, for example, Arts. XII and XIV)

10

Structure of MLC Definitions in Article 2

Competent Authority Seafarer Ship Shipowner

11

MLC The MLC consolidates 36 Conventions

and one Protocol, adopted since 1920, which are listed in Article X

Three other maritime Conventions are not included. These are seafarers' ID, 1958 (C108) & 2003

(C185) seafarers' pension, 1946 (C71) Minimum Age (Trimmers and

Stokers), 1921 (C15).