Seafarers' access to jurisdictions over labour matters

Chen, Gang; Shan, Desai

doi:10.1016/j.marpol.2016.12.004

Cited by 9 publications

(5 citation statements)

References 12 publications

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“…It can be noted that transshipment spots and "popular" Ports of Convenience that facilitate IUU fishing are not evenly distributed and can wreck lopsided havoc on both fishing grounds and landing places via diversified routes worldwide. What goes on at sea and in POCs can be dismissed by regulators, which allows ship owners to get away with abusing seafarers' rights without detection (Chen and Shan, 2017). Relative deprivation, a sense of injustice towards the unfair distribution of fisheries resources or discrepant fishing conditions, may arise among legal fishers who feel betrayed by the system responsible and might therefore object to it.…”

Section: Distributive Justice Transshipment and Pocsmentioning

confidence: 99%

Integration of spatial justice into navigating the combat on illegal, unreported and unregulated fishing in ocean and coastal areas

He,

Li,

et al. 2024

Front. Mar. Sci.

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As a geographical dimension of justice, spatial justice is characterized by the interplay of social justice and heterogeneous spaces, including the ocean. Despite the generous contribution of ocean to humankind, concerns over aquatic spatial justice are disproportionately lacking. Among the core disruptors of ocean justice, illegal, unreported and unregulated (IUU) fishing imposes a major threat to global fisheries governance. The synthesis of spatial analysis and justice perspective can generate new insights to help understand and potentially address IUU fishing. To examine the spatial (in)justices concerning IUU fishing, we first propose a novel tripartite framework that envisions space as a form of opportunity, society and rights to externalize its socio-environmental implications. Then we integrate productive, distributive and consumptive justices to examine the spatial variations of IUU stakeholders along the fish value chain, and use stakeholder analysis to investigate spatial powers and conflicts regarding both a micro scale of fish communities, and a macro scale of states (coastal state, flag state, port state and market state) and supernational players (regional fisheries management organizations and marine protected areas). It is discovered that certain regions provide greater spatial benefits that stimulate IUU behaviors; IUU misconducts cause spatial differentiation and spatial deprivation that disrupt social orders in fish communities; space can empower stakeholders’ inclusive and proper engagement into the place-based management process against IUU fishing. Since the spatialized vision has been increasingly highlighted in marine fisheries management, it is suggested to intervene in the world ocean by leveraging spatial knowledge, managing spatial conflicts and facilitating spatial action, in order to promote spatial justice and better combat IUU fishing globally.

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Section: Distributive Justice Transshipment and Pocsmentioning

confidence: 99%

Integration of spatial justice into navigating the combat on illegal, unreported and unregulated fishing in ocean and coastal areas

He,

Li,

et al. 2024

Front. Mar. Sci.

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“…Differences within MoUs appear in the rating of classification societies and flags because of the low number of ships visiting some regions [23]. Despite regulator actions, it has been observed that weaknesses of PSC contribute to a rise of convenient ports, even in developed states [3]. For this reason, some studies have focused on port dissimilarities.…”

Section: Literature On Psc Strengths and Limitationsmentioning

confidence: 99%

“…Initially, the PSC inspections were complementary to those carried out by flag states as described in Article 94 of UNCLOS. However, the irresponsible behaviour of flag states has strengthened PSC authorities [3,4].…”

Section: Introductionmentioning

confidence: 99%

Contribution of PSC Authorities to Ship Accident Prevention

Karahalios¹

2021

SN Oper. Res. Forum

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Historically, several maritime casualties have caused loss of lives or environmental disasters. World states are responsible to eliminate such disasters, along with the improvement and efficiency of goods transportation. To prevent similar cases, states have agreed to enforce international standards to oceangoing ships. For monitoring purposes, each state has empowered its Port State Control (PSC) to inspect foreign ships. Nevertheless, there are arguments that ships are over-inspected while accidents still occur. As a complementary action, some private organisations developed risk-based models, which used inspection results by PSC authorities to rate substandard ships. However, these companies provide the results of ships rating only to their clients. In this paper, it is argued that variations among PSC standards are not included in existing risk-based models. Therefore, in the proposed methodology, a Risk Accident Likelihood Tool is introduced, which is based on the reported ship deficiencies. The innovative idea is that every deficiency is weighted according to the rigorousness of the PSC recording the deficiency. This study shows that the challenges of inspection authorities are mainly caused by insufficient resources or poor organisational issues. Eventually, the proposed risk methodology provides a simplified scoring method. Ships with a high score are more likely to suffer an accident.

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“…However, not all member States have equal capacity to implement and enforce the international labour standards adopted by the International Labour Organization. Infringement of labour standards has been frequently identified, including abusive treatment towards seafarers, such as the abandonment of seafarers overseas (Couper, 1999;Alderton et al, 2004;Chen and Shan, 2017). Walters and Bailey (2013) point out that the employment relations structure of the global maritime labour supply chain hinders effective implementation of labour standards.…”

Section: Labour Regulatory Compliance In the Shipping Industrymentioning

confidence: 99%

Enforcing workers’ compensation rights for Chinese seafarers in human resource supply chains

Shan

Zhang

2020

The Economic and Labour Relations Review

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Non-compliance with labour standards impedes enforcement of workers’ rights in human resource supply chains. Despite governments’ efforts to improve labour standards and encourage employer-centred voluntary compliance programmes, infringements of workers’ rights are widely reported. Using a qualitative socio-legal study of Chinese seafarers’ workers’ compensation rights, we investigate whether shipping companies and their crewing agencies comply with their legal obligations following workplace injuries and fatalities. Through 74 semi-structured interviews and analysis of crew management policies from 7 shipping companies, we identify a failure of most shipowners’ internal policies to comply with legal obligations. Furthermore, multinational shipping companies use crewing agencies to evade their liabilities to injured seafarers. We propose the establishment of a joint liability mechanism between employers and labour intermediaries to fill this compliance gap that exists in global human resource supply chains. JEL Codes: J81, J83, L91, M54, N75

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Seafarers' access to jurisdictions over labour matters

Cited by 9 publications

References 12 publications

Integration of spatial justice into navigating the combat on illegal, unreported and unregulated fishing in ocean and coastal areas

Integration of spatial justice into navigating the combat on illegal, unreported and unregulated fishing in ocean and coastal areas

Contribution of PSC Authorities to Ship Accident Prevention

Enforcing workers’ compensation rights for Chinese seafarers in human resource supply chains

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