Suchergebnisse

The world's merchant fleet plays a crucial role in the global economy, and decisive for its size is the number of vessels subject for demolition. The vast majority of them end their lives at the beaches in India, Bangladesh and Pakistan, dismantled manually right there. Environment and human lives are at risk, given these yards' improper handle of hazardous wastes and abusive work conditions. Because these yards have lower costs related to the dismantling process, they can pay the shipowner considerably more for their vessels, compared to green and safe demolition yards. There are legislative loopholes in the Hong Kong convention, the EU ship recycling regulations and the Basel convention. And in absence of global and uniform standards, the beaching practice continues along the South Asian shores, allowing the shipowner to pursue full profit maximization. Some Norwegian shipowners have taken an active stand against the practice of beaching, and choose to recycle their vessel in a sustainable manner, and thereby accept a weighty additional cost. From a starting point where the shipowner is defined as a pure profit maximizing actor, the purpose of this study is to answer if the shipowner acknowledges his overall value chain responsibility, or if the costly choice of green ship recycling simply is good business. Qualitative research method framed in a case study design was found most suitable in order to conduct this in a thorough manner, seeking extensive information of three Norwegian shipowners. There were no findings indicating that green ship recycling could be considered "good business", in the sense that there were no clauses in contracts with third-parties that forced through any decision of sustainable recycling. And, although difficult to empirically test, the shipowners have no proven advantageous terms or better positions in negotiations reducing the overall costs because of a well perceived corporate reputation. Currently the shipowners' motivation to choose a safe and sound recycling is driven by an internal form of CSR, and the genuine desire to be decent and do good. The case of silent third-parties may change going forward, and the much media-created black-and-white picture of beaching is probed. However, since the demolition process from a shipowners' point of view currently appears to be a carte blanche, transnational government involvement is urgently called for to enhance business integrity and conformity. The findings in this study are not so that they can be used as basis for broad generalization, however, they can rather be of interest for further research. ; M-ØA

Considering the importance of shipping in world trade, the proficient and competent seafarers employed in the maritime industry play a key role in ensuring the international transport of goods by sea. The safety of the ship, cargo and environment is inseparable from the employment and labour conditions on board. It is recognised that a ship with a high level of good employment conditions tends to maintain a high standard of safety operation. The welfare and well-being of seafarers is achieved through a regime of maritime labour standards both at a national as well as an international level. Modern maritime labour standards are contained in Maritime Labour Convention 2006, (MLC). The International Labour Conference on 2006 adopted the MLC which entered into force in August 2013 and is considered to be important as international regulation with regards to the protection of the seafarers' rights, often referred to as the seafarers' bill of rights. This dissertation aims to address one issue related to the effective protection of seafarers' rights – the identification of the final responsible person (the shipowner) in respect of seafarers' claims – and to research what is the effect of the MLC on this problem. The dissertation contains analysis of the relevant international legal acts (United Nations Convention on the Law of the Sea, ILO and IMO conventions, 1986 United Nations Convention on Conditions for Registration of Ships, and Vienna Convention on Consular Relations 1963), EU legislative acts related to implementation of the MLC, and of national law implementing the MLC (Denmark, Estonia, Finland, Germany, Latvia, Norway, The Philippines, Spain, and the UK), as well as the analysis of the concept of shipowner under the MLC. Next, the dissertation contains analysis of standard contracts in shipping applicable to the employment of the seafarers, including delegation of responsibility for employment of crew to third parties (seafarer's employment contract (SEA), traditional contracts in shipping, according to ...

Considering the importance of shipping in world trade, the proficient and competent seafarers employed in the maritime industry play a key role in ensuring the international transport of goods by sea. The safety of the ship, cargo and environment is inseparable from the employment and labour conditions on board. It is recognised that a ship with a high level of good employment conditions tends to maintain a high standard of safety operation. The welfare and well-being of seafarers is achieved through a regime of maritime labour standards both at a national as well as an international level. Modern maritime labour standards are contained in Maritime Labour Convention 2006, (MLC). The International Labour Conference on 2006 adopted the MLC which entered into force in August 2013 and is considered to be important as international regulation with regards to the protection of the seafarers' rights, often referred to as the seafarers' bill of rights. This dissertation aims to address one issue related to the effective protection of seafarers' rights – the identification of the final responsible person (the shipowner) in respect of seafarers' claims – and to research what is the effect of the MLC on this problem. The dissertation contains analysis of the relevant international legal acts (United Nations Convention on the Law of the Sea, ILO and IMO conventions, 1986 United Nations Convention on Conditions for Registration of Ships, and Vienna Convention on Consular Relations 1963), EU legislative acts related to implementation of the MLC, and of national law implementing the MLC (Denmark, Estonia, Finland, Germany, Latvia, Norway, The Philippines, Spain, and the UK), as well as the analysis of the concept of shipowner under the MLC. Next, the dissertation contains analysis of standard contracts in shipping applicable to the employment of the seafarers, including delegation of responsibility for employment of crew to third parties (seafarer's employment contract (SEA), traditional contracts in shipping, according to which the responsibility over seafarers' employment is delegated by shipowner to other parties, – demise (barebout) charterparty contracts, ship and crew management contracts and contracts with other intermediaries, collective bargaining agreements, forming part of SEA). The dissertation describes the different security measures available to the seafarers after entering into force of the MLC. Public law instruments introduced by the MLC are main security measures for seafarers today and they are: financial security for seafarers' abandonment and contractual claims, flag State and port State inspection systems, and certification and control of seafarers' recruitment and placement services. A traditional security measure for seafarers' claims under private law, a ship arrest, is also addressed in line with security measures under public law. In the final part, the dissertation ends with the conclusions and recommendations. ; El estatus jurídico de la gente de mar se contiene en el Convenio sobre el Trabajo marítimo de 2006. La Conferencia Internacional del Trabajo de 2006, obra de la OIT/OMIM adoptó el CTM que entró en vigor en agosto de 2013 y que se considera la más importante regulación internacional en lo que respecta a la protección de los derechos de la gente de mar, a menudo denominada carta de derechos de la gente de mar o "Súper Convenio", superando ampliamente sus precedentes: los convenios OIT. Los aspectos laborales se convierten en un elemento esencial de la seguridad marítima, mucho más allá de su carácter contractual entre las partes: naviero y marino. La referencia a su consideración como factor crítico de la seguridad marítima, supera ampliamente el marco contractual de las relaciones laborales clásicas. La presente memoria tiene por objeto abordar una cuestión íntimamente relacionada con la protección efectiva de los derechos de la gente de mar -la identificación de la persona final responsable (el armador) respecto de las reclamaciones de la gente de mar- e investigar cuál es el efecto del CTM sobre esta cuestión (Shipowner identity). La memoria contiene un exhaustivo análisis de las normas internacionales pertinentes (Convención de las Naciones Unidas sobre el Derecho del Mar (111 UNCLOS), convenios de la OIT y la OMI, Convenio de las Naciones Unidas sobre las Condiciones de Matriculación de los Buques de 1986 (UNCROS) y Convención de Viena sobre Relaciones Consulares de 1963), actos legislativos de la UE relacionados con la aplicación del CTM y de las legislaciones nacionales por la que se aplica el CTM (Alemania, Dinamarca, España, Estonia, Filipinas, Finlandia, Letonia, Noruega y el Reino Unido), así como el análisis dogmático del concepto jurídico de Armador. A continuación, el trabajo contiene un análisis de los contratos standard aplicables al empleo de la gente de mar, incluida la delegación de la responsabilidad del empleo de la tripulación a terceros (contrato de empleo de la gente de mar (SEA¬ Seafarer's Employment Agreements), contratos tradicionales en la na1,13gación, según los cuales el armador delega la responsabilidad del empleo de la gente de mar a otras partes, contratos de fletamento; arrendamiento del buque (bareboat charter and Manning agents ), contratos de gestión de buques (Ship management: CREWMAN; SUPERMAN; etc.) y tripulaciones y contratos con otros intermediarios, etc. En el trabajo se analizan los nuevos instrumentos jurídicos de que disponen los marinos tras la entrada en vigor del CTM /MLC2006 y son, sin carácter de exhaustividad: la garantía financiera para el abandono de la gente de mar y las reclamaciones contractuales, los sistemas de inspección del Estado del pabellón y del Estado del puerto, y la certificación y el control de los servicios de contratación de la gente de mar. Una medida de garantía tradicional para las reclamaciones de la gente de mar en el marco del derecho privado, el embargo de buques (Arrest of Ships), también se aborda en consonancia con las medidas de seguridad del derecho público. Se concluye con la importancia del Convenio que dota de un estatuto jurídico a la gente de mar, real y efectivo y no meramente teórico o nominal. En la parte final, la memoria concluye con las conclusiones y recomendaciones sobre las insuficiencias detectadas en la aplicación e implementación del CTM/MLC, en estos primeros años y propuestas de mejora, en una perspectiva de futuro. ; Postprint (published version)

The paper is analysing national and international legislation regarding the seafarer employment. Particular emphasis shall be placed on the fact, that there is insufficient legislation dealing with seafarer labour law in the Republic of Slovenia. On one hand we have the Employment Relationships Act under which the employment contract is concluded between employee and employer. This act determines additional commitments for the employer, which has to submit the contract with seafarer to the evaluation and to the registration. On the other hand there is a Maritime Code under which the employment contract is concluded between the seafarer and ship owner or other person acting on his behalf. Taking into account the national legislation we have to bear in mind the international legislation and especially consider the requirements arising from rules and standards agreed within the International Labour Organization.A comprehensive analysis of this issue presents solutions that the legislator could take into account when preparing employment of seafarer provisions, which need to be systematically, fairly, socially and legally oriented. There is no shipowner included in the maritime training process and consequently there is no system in place for the systematic employment of seafarers. The main goal of this analysis is to find out where the weaknesses are and what should be done better when implementing the Maritime Labour Convention.

This article is a comparative analysis of the legal nature and the rights and obligations of parties concluding property insurance contracts under the provisions of the Maritime Code and the Civil Code. When navigating a ship, the shipowner conducts a business commonly referred to as the operation of a ship, which includes, inter alia, its use for business purposes. The shipowner business is therefore an economic activity and the owner is the entrepreneur who runs his business which s/he is liable for. It is his/her broad interest to insure permanent assets of his/her company against damage as well as his/her civil liability. As the text indicates, s/he is treated by the legislature more severely than a person conducting a standard property insurance. In addition, the legal nature of the policy, due to the requirements of maritime traffic, differs from that from the Civil Code. The purpose of this study is to identify the key differences between the two regulations.

Multimodal transport in the world sea and port economy.
The amazing success of the container was to modify the chain of responsibilities in sea transport. The shipowner, whose ships called at regular ports, committed himself to an "all-in", "door-to-door" price. Then the multimodal transport contractor doing intercontinental business, guaranteed the timelimit and the price and took charge of the whole chain of transport, choosing the shipowner and the port, himself. Going further, the future "transport architect" will take risks in advance, reserving the means of transport even before he has the goods, and thus will get very competitive prices. Consequently, the shipowner, the port and land transport would become anonymous. In reaction, some shipowners have been led to invent new tariff systems. In the year 2000, vast market horizons will open out for "transport architects". An integrated chain of transport creates international bonds which are tokens of peace.

State territory — Territorial waters — Jurisdiction in — Injury to alien seaman — Action by resident of State of forum for injury suffered in State of forum — Substantial contacts with State of forum — Foreign shipowner — Indirect ownership of foreign flag vessel by nationals Qf State of forum — The law of the United States of America.Jurisdiction — Territorial limits of — Right of action of seaman suffering personal injury — Action by foreign seaman resident in State of forum — Injury sustained in territorial waters of State of forum — Substantial contacts with State of forum — Foreign shipowner — Indirect ownership of foreign flag vessel by nationals of State of forum — The law of the United States of America.

International Law — Relation to Municipal Law — Interpretation of Statute Consistently with International Law — International Maritime Law — Exterritorial Effect of Legislation Relating to Seamen.Jurisdiction — In Port — Action by Foreign Seaman Against Foreign Shipowner for Injury Sustained in Foreign Port — Statute Giving Right of Action to Seamen Suffering Personal Injury in the Course of Their Employment — Extraterritorial Effect of Legislation.Treaties Interpretation of Avoidance of Conflict with International Law.Jurisdiction — Miscellaneous — Exterritorial Effects of Legislation — Statute Giving Right of Action to Seamen Suffering Personal Injuries in the Course of Their Employment — Action by Foreign Seaman Against Foreign Shipowner for Injury Sustained in Foreign Port — International Maritime Law — The Law of the Flag — Interpretation of Statute Consistently with International Law — The Law of the United States of America.

This article has explored the features of the employment contract of seafarers. The parties to this contract are the seafarer and the shipowner, who have their own subjective rights and obligations, which are defined as contracts of tax and labor law in general. Legal regulation of contracts is carried out by both international and labor legislation of the sailor's country. Objective features of seafarers' labor relations necessitate the establishment of special norms regulating working crew members of seagoing vessels, because they perform the labor functions of seafarers, attract grounds for sectoral differentiation of legal regulation of their work. Certainly, seafarers must be very attentive when concluding a contract, pay attention to the minimum list of clauses of the employment agreement, do not sign an incomplete agreement, make sure about the specified wages, compensation payments, and other conditions, show legal literacy.

This article has explored the features of the employment contract of seafarers. The parties to this contract are the seafarer and the shipowner, who have their own subjective rights and obligations, which are defined as contracts of tax and labor law in general. Legal regulation of contracts is carried out by both international and labor legislation of the sailor's country. Objective features of seafarers' labor relations necessitate the establishment of special norms regulating working crew members of seagoing vessels, because they perform the labor functions of seafarers, attract grounds for sectoral differentiation of legal regulation of their work. Certainly, seafarers must be very attentive when concluding a contract, pay attention to the minimum list of clauses of the employment agreement, do not sign an incomplete agreement, make sure about the specified wages, compensation payments, and other conditions, show legal literacy.

This article has explored the features of the employment contract of seafarers. The parties to this contract are the seafarer and the shipowner, who have their own subjective rights and obligations, which are defined as contracts of tax and labor law in general. Legal regulation of contracts is carried out by both international and labor legislation of the sailor's country. Objective features of seafarers' labor relations necessitate the establishment of special norms regulating working crew members of seagoing vessels, because they perform the labor functions of seafarers, attract grounds for sectoral differentiation of legal regulation of their work. Certainly, seafarers must be very attentive when concluding a contract, pay attention to the minimum list of clauses of the employment agreement, do not sign an incomplete agreement, make sure about the specified wages, compensation payments, and other conditions, show legal literacy.