Browse > Article
http://dx.doi.org/10.7837/kosomes.2019.25.1.018

An Analysis of the Implementation of the Maritime Labour Convention, 2006, Through Port State Control  

Yang, Jinyoung (Department of Maritime Transportation System, Mokpo National Maritime University)
Publication Information
Journal of the Korean Society of Marine Environment & Safety / v.25, no.1, 2019 , pp. 18-26 More about this Journal
Abstract
The Maritime Labour Convention, 2006, (MLC) aimed to ensure decent working conditions for seafarers and entered into force on August 20, 2013. It was considered as the fourth pillar in the maritime sector. This paper evaluates how the MLC has been implemented in the field and what issues were addressed in the shipping industry. To achieve this, statistical analysis was conducted using inspection data of Port State Control (PSC) carried out by the Paris MOU and the Tokyo MOU during 2010-2012 and 2014-2016 for deficiencies under the MLC and International Labour Organization (ILO) No. 147 Convention. This study compared pre-2013 and post-2013 deficiency data according to ship's age, size (gross tonnage) and type. The results showed that, although the deficiencies reported by the Tokyo MOU during 2014-2016 were nearly double those from 2010-2012, the deficiency share against total deficiencies for the Tokyo MOU remained two thirds of those for the Paris MOU. This study suggests that the Tokyo MOU should strengthen its inspection efforts on MLC and ILO should provide clear references, such as guidelines and a unified interpretation for national discretions under the MLC for the purpose of harmonized PSC inspections. Additionally, it would be desirable to consolidate the deficiency coding system for the MLC by deleting the codes for the ILO No. 147 Convention, which was incorporated into the MLC. It would also be beneficial to add new deficiency codes for social security, including seafarers' leave and repatriation.
Keywords
Maritime Labour Convention; Seafarer's Working Conditions; Port State Control; ILO No. 147 Convention; Paris MOU; Tokyo MOU;
Citations & Related Records
연도 인용수 순위
  • Reference
1 Abel, A.(2014), The Maritime Labour Convention 2006 in the European Union, In J. Lavelle (Ed.), The Maritime Labour Convention 2006: International labour law redefined, pp. 1-17.
2 Bo, L.(2006), Research on roles of China maritime safety administration under the consolidated maritime labour convention, World Maritime University, 2006.
3 Cartner, J. A.(2014), The shipmaster and the Maritime Labour Convention 2006, In J. Lavelle (Ed.), The Maritime Labour Convention 2006: International labour law redefined, pp. 47-68.
4 Durler, R.(2010), The Maritime Labour Convention 2006: A major step forward in maritime law, In N. M. Gutierrez (Ed.), Serving the rule of international law: Essays in honour of professor David Joseph Attard, pp. 297-304.
5 International Labour Office(2015), Maritime Labour Convention, 2006 (MLC, 2006): Frequently Asked Questions (FAQ) (Fourth ed.), Geneva: ILO.
6 ILO(2018a), International Labour Organization, Ratifications of C147 - Merchant Shipping (Minimum Standards) Convention, 1976 (No. 147). Retrieved September 26, 2018, from http://www.ilo.org/dyn/normlex/en/f?p=NORMLEXPUB:11300:0::NO:::.
7 ILO(2018b), International Labour Organization, International Labour Standards on Seafarers. Retrieved September 26, 2018, from http://ilo.org/global/standards/subjects-covered-byinternational-labour-standards/seafarers/lang--en/index.htm.
8 ILO(2018c), International Labour Organization, National determinations - Republic of Korea. Retrieved September 26, 2018, from http://www.ilo.org/dyn/normlex/en/f?p=1000:80023:::NO:80023:P80023_COUNTRY_ID:103123.
9 ILO(2018d), International Labour Organization, Ratifications of Maritime Labour Convention, 2006. Retrieved September 26, 2018, from http://ilo.org/dyn/normlex/en/f?p=NORMLEXPUB:11300:0::NO:11300:P11300_INSTRUMENT_ID:312331:NO.
10 IMO(2018), International Maritime Organization, Status of Conventions. Retrieved September 26, 2018, from http://www.imo.org/en/About/Conventions/StatusOfConventions/Documents/StatusOfTreaties.pdf.
11 Jeon, Y. W.(2016), A Study on the Port State Control System in the Maritime Labour Convention, 2006, Maritime Law Review, 28(2), pp. 1-35.   DOI
12 Lavelle, J.(2014), How to determine jurisdiction and governing law in disputes arising out of a seafarer's employment agreement, In J. Lavelle (Ed.), The Maritime Labour Convention 2006: International labour law redefined, pp. 181-213.
13 McConnell, M. L., D. Devlin and C. Doumbia-Henry(2011), The Maritime Labour Convention, 2006: A legal primer to an emerging international regime.
14 Ozcayir, Z. O.(2004), Port State Control (Second ed.), p. 74.
15 Paris MoU(2017), 2016 Paris MoU Annual Report. Retrieved September 29, 2018, from https://www.parismou.org/2016-paris-mou-annual-report-%E2%80%9Cseafarers-matter%E2%80%9D.
16 Tokyo MOU(2017), Annual Report. Retrieved September 29, 2018, from http://www.tokyo-mou.org/doc/ANN16.pdf.
17 Veganaden, M.(2007), The potential implications of the Maritime Labour Convention, 2006, for policy and management in the maritime sector : A critical analysis, World Maritime University, 2007.