The Maritime Labour Convention, 2006, Legal Jurisdiction and Port State Control

Abstract

This chapter seeks to examine the manner in which the Maritime Labour Convention, 2006 (MLC, 2006), addresses the legal jurisdiction of the State over foreign ships entering its ports (port State) or legal venue with respect to seafarers’ rights. The MLC, 2006, was adopted by the International Labour Organization (ILO) in 2006, following six years of intensive and extensive consultations and international meetings of the ILO tripartite constituents. This resulted in the consolidation of almost all maritime labor Conventions and Recommendations adopted by the ILO since 1920 covering all aspects of working and living conditions of seafarers. The MLC, 2006, often referred to as the Seafarers’ Bill of Rights, also provides shipowners and governments with a level playing field in the most global and one of the most competitive of industries. The MLC, 2006, is also considered to be the “fourth pillar” of the international maritime regulatory regime alongside the International Maritime Organization’s (IMO) International Convention for Safety of Life at Sea (SOLAS) 1974, as amended; the International Convention for the Prevention of Pollution from Ships, 1973, as amended by the Protocol of 1978 and by the Protocol of 1997 (MARPOL); and the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers (STCW), as amended, including the 1995 Amendments and 2010 Manila Amendments. This chapter explores and examines the role of the port State under the MLC, 2006, and argues that (1) the MLC, 2006, does not go beyond existing international law relating to ships for other matters under IMO Conventions and (2) the onshore complaints procedures are a careful balance respecting the role of the flag State and at the same time recognizing the important role that port States can play in securing the protection of seafarers in this globalized sector.