Liability for injuries to seafarers: a critical analysis of the extent of shipowner liability under the Maritime Labour Convention.

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.