The Protectıon Of Seafarers’ Rıghts Under Internatıonal Law: Analyzıng The Marıtıme Labour Conventıon

Abstract

Throughout history, workers have fought to obtain fair wages and decent working conditions, establishing labour rights. This dissertation focuses on protecting seafarers' rights under national law, highlighting the challenges this unique group of workers faces. Seafarers often endure arduous working conditions, extended periods away from home, and exposure to high-risk environments. Given the international nature of the maritime industry, seafarers' rights are governed by a complex interplay of national and international regulations. The “Maritime Labour Convention” (MLC) 2006 is a pivotal framework for ensuring seafarers' rights. This dissertation examines how national laws align with the standards set by the MLC, particularly in areas such as minimum working conditions, fair treatment, and welfare provisions. Despite the MLC's comprehensive guidelines, implementation and enforcement at the national level remain inconsistent, leading to gaps in protection for seafarers. Case studies from various countries are analyzed to understand the effectiveness of national laws in protecting seafarers' rights. These case studies reveal significant disparities in how nations interpret and enforce maritime labour standards. Some countries have robust legal frameworks that provide comprehensive protection, while others lack the infrastructure and political will to implement these standards effectively. Furthermore, the dissertation explores the role of port state control (PSC) in upholding seafarers' rights. PSC inspections are crucial for ensuring compliance with international labour standards, but their effectiveness depends on the resources and commitment of individual states. The research underscores the need for stronger international cooperation and more rigorous enforcement mechanisms to bridge the gap between policy and practice. In conclusion, protecting seafarers' rights under national law is critical for safeguarding the welfare of those who work at sea.