Liability for injuries to seafarers: a critical analysis of the extent of shipowner liability under the Maritime Labour Convention.
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Date
2022
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Abstract
The main aim of this dissertation is to determine whether the Maritime Labour
Convention has been successful in ensuring the fair and equal treatment of seafarers
in relation to shipowner liability. This dissertation aims to do this by analysing the
national legislation in three different jurisdictions (The United States of America, United
Kingdom and South Africa) before the implementation of the Maritime Labour
Convention. The national legislation in the respective jurisdictions after the
implementation of the Maritime Labour Convention will then be analysed to determine
whether or not the Convention has been successful in protecting the rights of injured
seafarers and whether they are treated fairly and equally in all three of the respective
jurisdictions. The dissertation will comprise of desktop-based research and will make
use of comparative research methodology. This dissertation will comprise of five
chapters. Chapter one introduces the problem topic and provides the background to
the problem. Chapter two examines the MLC, it provides information on the aims of
the MLC, how it was developed, the implementation of the MLC and the provisions for
shipowner liability in respect of injured seafarers. Chapter 3 examines the history of
the national laws in the respective three jurisdictions before the implementation of the
MLC and analyses the extent to which an injured seafarers’ rights were protected and
where a shipowner’s liability ends. Chapter 4 examines the national laws in the
respective three jurisdictions after the implementation of the MLC and analyses the
extent to which an injured seafarers’ rights are now protected and examines exactly
where a shipowner’s liability ends. Chapter 5 concludes the dissertation. It restates
the key research questions and the resulting conclusions. After analysing the national
legislation in the abovementioned jurisdictions, it is evident that the domestic
legislation protecting seafarers, even prior to the implementation of the MLC in these
jurisdictions, already extensively protected seafarers employed on board vessels
registered in the UK and SA. The MLC will however have a substantial effect on the
ability of port authorities in member states to inspect and take action against owners
of substandard vessels. The MLC is not above criticism and its shortfalls have become
apparent in the crew change crisis during the Covid-19 pandemic. Nevertheless, the
MLC is still a great step forward in the consolidation and harmonisation of compliance
and inspection procedures followed by flag states and port authorities, thus increasing
the protection and enforcement of seafarers’ rights.
Description
Masters Degree. University of KwaZulu-Natal, Durban.