The contribution of certain international organizations to the development of maritime labour law and to the protection of the rights of seafarers

Abstract

Shipping is the first truly global industry: Ships may be owned in one country, managed from another, registered in a third country and manned by seafarers from one or more others. In addition, most ships move from country to country as part of their normal trading pattern. The industry could not operate smoothly if the regulations applicable to a ship vary each time the ship enters a port in a different country. Equally, seafarers should be entitled to expect that basic rights will apply irrespective of the flag of the ship on which they serve. For these reasons the industy has always supported the development of international labour standards, fairly and consistently applied and enforced by flag and port States, rather than the adoption of standards by individual countries or regional groupings on a unilateral or local basis. The history of work done on behalf of seafarers is an excellent example of what can be attained through international cooperation. In the past, seafarers had to endure the hardships created by natural elements such as the weather, wind, rough seas and also long interminable voyages. Hence, maritime labour law owes its speciality to the marine perils factor and the peculiar nature of work at sea. Seafaring, as a profession was acknowledged to be complex and unique in nature. In fact, in the Minerva Case, Lord Stowel described this uniqueness as follows: 'On the one side are gentlemen who are possessed of wealth and intent, I mean not unfairly, uponaugmenting it, conversant in business, and possessing the means of calling in the aids of pracitcal and professional knowledge. On the other side, is a set of men, generally ignorant and illiterate, notoriously and proverbially reckless and improvident, ill- provided with the means of obtaining useful information and almost ready to sign any instrument that may be proposed to them, and on all accounts acquiringprotection, even against themselves '.