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Criminalization Of Seafarers Essay

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In recent years, there has been a significant increase in seafarers facing criminal charges. The criminalization of seafarers is of a great concern to the maritime community, but often receives little attention elsewhere. From a human perspective, this is worrying for two reasons. Firstly, due to the large and increasing number of seafarers – there are currently over a million seafarers serving on internationally trading merchant vessels. Secondly, seafarers are a uniquely vulnerable group, engaged in physically and mentally demanding work. They are “a special category of worker ... given the global nature of the shipping industry and the different jurisdictions they may be brought into contact with” . In the past, there was an acceptance that a sea voyage was accompanied by a certain amount of risk. Communities seemed more understanding of the dangers involved in working at sea …show more content…

However, it is important to note that they are merely quasi-legal instruments which do not have any legally binding force. In fact, it is generally accepted that the guidelines were not followed by the Korean Authorities in the Hebei Spirit case. The decision of the authorities to penalize the crew despite full compliance with the provisions of Shipboard Oil Pollution Emergency Plans (SOPEP), imposing new charges on the crew in the middle of an Appeal trial and detaining the crew without the possibility of bail despite having acquitted them at First Instance all represented serious violations of the Guidelines. The Maritime Labour Convention (“MLC”) , adopted in February 2006 also aims to make an impact on this issue through its provisions relating to the fair treatment of seafarers. The MLC imposes an obligation on all ILO member states to hold an official enquiry in all cases of serious marine casualty leading to injury or loss of

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