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ILS CONFERENCE – MARITIME LABOUR CONVENTION

ILS CONFERENCE – MARITIME LABOUR CONVENTION. Introduction.

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ILS CONFERENCE – MARITIME LABOUR CONVENTION

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  1. ILS CONFERENCE – MARITIME LABOUR CONVENTION Introduction

  2. Thursday, 09 May 20130900-1030 Introduction1030-1100 Coffee1100-1230    Implications for Maritime Administrations as a Flag State 1230-1330 Lunch1330-1500 Port State Jurisdiction and Port State Control 1500-1530 Coffee1530-1700 ShipownerObligations under the MLC

  3. Friday, 10 May 20130900-1000 Documents and Certificates under the MLC 1000-1130 Contractual Issues for Shipowners1130-1200 Coffee1200-1330 Safety Regulatory Issues: The Role of RecognisedOrganisations 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).

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