The legal impact of the merchant shipping (Maritime Labour Convention) rules on the shipping industry

Abstract

The Merchant Shipping (Maritime Labour Convention) Rules implement the International Labour Organisation's Maritime Labour Convention, 2006 into Maltese legislation. These Rules cover various aspects of maritime employment in seeking to strike a balance between securing decent working and living conditions for seafarers and providing a level-playing field for shipowners. This thesis provides an overview of the Merchant Shipping (Maritime Labour Convention) Rules and assesses the legal impact which they have had on the key players of the shipping industry. Here, the author deems these 'key players' to be: the flag State, port State, shipowners and seafarers, as their separate roles and responsibilities are vital in ensuring the successful enforcement of the minimum standards stipulated in the Merchant Shipping (Maritime Labour Convention) Rules. This study also examines the effect that the Merchant Shipping (Maritime Labour Convention) Rules have on: recruitment and placement services, the health and safety levels aboard, issues relating to social security and the yachting industry. The Maritime Labour Convention 2006 consolidates numerous maritime labour instruments adopted by the International Labour Organisation - some of which were already transposed into Maltese subsidiary legislation. Therefore, the objective of this thesis is reached by making comparisons between the Merchant Shipping (Maritime Labour Convention) Rules, relevant Articles of the Merchant Shipping Act, as well as Maltese Subsidiary Legislation (which have been revoked subsequent to the entry into force of the Merchant Shipping (Maritime Labour Convention) Rules). Through this exercise the author is able to highlight the novel provisions introduced by the Merchant Shipping (Maritime Labour Convention) Rules, and to observe the effects they have had on the shipping industry. This thesis concludes that while the Merchant Shipping (Maritime Labour Convention) Rules have not revolutionised the roles of the above-mentioned key players, they have nonetheless left a positive influence on the shipping industry.