The Abandonment of Ships: Consequences for the Crew and for the Ship

López-Arranz, Asunción; Villa, Raúl; Formoso, Jose Angel Fraguela; Calatayud, José de Troya

doi:10.1007/978-3-319-89812-4_31

Cited by 2 publications

(1 citation statement)

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“…Although ship abandonment brings environmental, commercial, administrative consequences, seafarers face the severest repercussions of the abandonment of vessels. 14 Ship abandonment, in the majority of cases, is the result of economic crises faced by the shipowner 15 . The owner may decide to abandon the ship in a situation where he finds that the value of the vessel is lower than the amount due to the creditors and pending wages of the seafarers.…”

Section: Meaning Of 'Abandonment Of Seafarer' Under Maritime Labour C...mentioning

confidence: 99%

Seafarer Abandonment and Vessel’s Flag State Role Analysis

Gupta

Shanthakumar

2022

Trans. Marit. Sci.

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Seafarers work in an environment of hardship and isolation. Abandonment is one of the major challenges faced by seafarers onboard vessels. Abandonment of seafarers broadly refers to the act of unilateral severance of ties by the shipowner with the seafarers’ onboard ship, whereby the shipowner causes a breach of fundamental obligations owed towards seafarers. Abandonment is one of the shady practices of the shipping industry, where seafarers are subjected to cruel, inhuman, and life-threatening conditions. For the last two decades, ILO and IMO have been working together to develop a legal framework to protect abandoned seafarers. As per the data on abandonment available on ILO Database, in the year 2020, more than 1200 seafarers were abandoned.These figures raise serious questions regarding the effectiveness of the present legal regime in resolving the abandonment situations. Legally speaking abandoned seafarer has plenty of avenues to seek assistance. They can approach flag state, port state, state of nationality, or seek relief through admiralty courts. In addition to these, the abandoned seafarer can also approach financial security provider for abandonment, the provisions related to which were added in MLC, 2006 by 2014 amendments. As the problem of abandonment constantly persists in the shipping sector, and the time taken to resolve the situation is often very long, the present paper will assess the flag state's role in protecting abandoned seafarers. The challenges that the flag state has to face in discharge its responsibilities towards abandoned seafarers have also been discussed in the Paper.

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Section: Meaning Of 'Abandonment Of Seafarer' Under Maritime Labour C...mentioning

confidence: 99%

Seafarer Abandonment and Vessel’s Flag State Role Analysis

Gupta

Shanthakumar

2022

Trans. Marit. Sci.

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Dysfunctions in the Implementation of the MLC (2006)

Larrucea

2022

Handbook of Research on the Future of the Maritime Industry

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The purpose of this study is to analyze one of the most relevant dysfunctions in the implementation of the MLC: the abandonment of seafarers. Although the agreement has improved the working conditions and constitutes an authentic legal status for seafarers, it suffers from serious dysfunctions, the most serious of which is the abandonment of seafarers. MLC was amended in 2014 by requiring having a financial security for repatriation in case of abandonment to expand the initial requirement for financial security for repatriation in the MLC original version. This chapter aims to assess the causes of this circumstance and to propose viable and realistic solutions. The study also includes seafarers not covered by the MLC: fishermen and yacht crews, who are special cases.

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The Abandonment of Ships: Consequences for the Crew and for the Ship

Cited by 2 publications

References 1 publication

Seafarer Abandonment and Vessel’s Flag State Role Analysis

Seafarer Abandonment and Vessel’s Flag State Role Analysis

Dysfunctions in the Implementation of the MLC (2006)

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