1. ILS CONFERENCE – MARITIME LABOUR CONVENTION Introduction 1

2. n Thursday, 09 May 2013 0900-1030Introduction 1030-1100Coffee 1100-1230 Implications for Maritime Administrations as a Flag State 1230-1330Lunch 1330-1500Port State Jurisdiction and Port State Control 1500-1530Coffee 1530-1700Shipowner Obligations under the MLC 2

3. n Friday, 10 May 2013 0900-1000Documents and Certificates under the MLC 1000-1130Contractual Issues for Shipowners 1130-1200Coffee 1200-1330Safety Regulatory Issues: The Role of Recognised Organisations under the MLC 3

4. BACKGROUND n Labour law is of a hybrid nature, consisting of a regulatory law element, being an important matter of public socioeconomic policy and a private law element because it is contractual in nature. n The legal process involves an administrative law element containing appropriate administrative law remedies 4

5. International Labour Organization (ILO) n ILO as the oldest UN specialized agency (founded 1919), with its own charter n Tripartite structure (representations from government, employers, labour) 5

6. ILO structure n Governing Body n JMC – bipartite body consisting of representatives of shipowners and seafarers; chaired by GBody chairman n International Labour Conference (maritime session) at 8-12 year intervals n Scheme of ILO instruments: conventions and recommendations n Forum for development of international labour law, including maritime labour law 6

7. ILO instruments n 40 conventions relating to seafarers and numerous recommendations (over 30 pertain directly to seafarers) n ILO instruments are implemented through national legislation and in appropriate cases, through collective agreements 7

8. Structure of MLC n Consists of u Preamble u 16 Articles identified by Roman numerals u 5 Titles identified under Arabic numerals, under which there are regulations ranging from 1.1 to 5.3 u Under the Regulations, there is a Code consisting of “Standard” and “Guideline” F Standard = mandatory F Guideline = recommendatory 8

9. Structure of MLC n Convention practices not fully in alignment with the Vienna Convention on the Law of Treaties, 1969 n Implications of the terms “Member”, “Ratification” and “Acceptance” (see, for example, Arts. XII and XIV) 9

10. Structure of MLC n Definitions in Article 2 u Competent Authority u Seafarer u Ship u Shipowner 10

11. MLC n The MLC consolidates 36 Conventions and one Protocol, adopted since 1920, which are listed in Article X n Three other maritime Conventions are not included. These are u seafarers' ID, 1958 (C108) & 2003 (C185) u seafarers' pension, 1946 (C71) u Minimum Age (Trimmers and Stokers), 1921 (C15). 11