||Informa Law from Routledge
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The Maritime Labour Convention of 2006 (MLC) is often described as providing: a 'bill of rights' for seafarers recognised as a special category of worker, enshrining mandatory minimum standards in a truly global industry; a 'fourth pillar' to the international regime regulating ships and complementing the key conventions of the International Maritime Organization; and a 'level playing field' for shipowners, achieving fair competition and equality of treatment for flag States. For these objectives to be realised and for the implementation of the MLC to be successful, a reasonable degree of certainty in the meaning of the Convention and uniformity in its practical application and enforcement are necessary. This work contributes clarity and certainty to the meaning of the MLC, while helpfully drawing attention to issues still to be resolved in the enforcement of the Convention. Published as the MLC enters into force, this diligently edited book of a uniformly high standard will make a major contribution to the vast global endeavour that is currently underway and aimed at achieving the successful implementation of the Convention. This work makes its contribution in different ways. The book comprises ten chapters (covering the MLC as it relates to the European Union; seafarer protection under a flag State; shipmasters in general; yachts in particular; crewing insurance in general; abandonment and repatriation insurance in particular; piracy; enforcement procedures by flag States, port States and recognised organizations; the determination of the jurisdiction and governing law of seafarers' employment contracts in the European Union; and implementation by a port State), spanning many crucial aspects of the MLC. More specifically, many of the fundamental issues going, for example, to the transposition of the MLC into national legislation; the meaning of seafarers; the meaning of seafarer's contracts; the major change to the role and responsibility of the shipmaster; the unique issues posed by super-yachts, particularly in relation to crew accommodation; the reasons for the growing incidence of abandonment and the mandatory requirement to provide financial security to ensure that seafarers are repatriated; the mandatory requirement for on-board complaint procedures; the delicate and sometimes overlapping relationship between the MLC and other binding international conventions and legal instruments; and the difficult and important issues regarding the proper jurisdiction and applicable law are covered.