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Protecting the wages of seafarers held hostage by pirates: the need to reform the law

Protecting the wages of seafarers held hostage by pirates: the need to reform the law
Protecting the wages of seafarers held hostage by pirates: the need to reform the law
In this paper it is argued that seafarers held hostage by pirates do not have a right to the continued payment of their wages under international conventions. Under English law it is contended that the entitlement to wages exists in some limited circumstances, but in many other circumstances is uncertain, inadequate or non-existent. The need to protect the wages of seafarers and to reform the law is therefore argued. Taking into account the spread of piracy and the fast evolving 'business models’ of piracy, draft legislation that is already being considered in one state is proposed as a possible legislative guide for other states.
piracy, seafarers, entitlement to wages, maritime labour convention, mlc, hostages, maritime lien, action in rem, law reform
2044-7663
345-366
Staniland, Hilton
d4fb0241-7fe4-41cc-ab38-07c8506d74cb
Staniland, Hilton
d4fb0241-7fe4-41cc-ab38-07c8506d74cb

Staniland, Hilton (2013) Protecting the wages of seafarers held hostage by pirates: the need to reform the law. International Journal of Public Law and Policy, 3 (4), 345-366. (doi:10.1504/IJPLAP.2013.056824).

Record type: Article

Abstract

In this paper it is argued that seafarers held hostage by pirates do not have a right to the continued payment of their wages under international conventions. Under English law it is contended that the entitlement to wages exists in some limited circumstances, but in many other circumstances is uncertain, inadequate or non-existent. The need to protect the wages of seafarers and to reform the law is therefore argued. Taking into account the spread of piracy and the fast evolving 'business models’ of piracy, draft legislation that is already being considered in one state is proposed as a possible legislative guide for other states.

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Published date: 2013
Keywords: piracy, seafarers, entitlement to wages, maritime labour convention, mlc, hostages, maritime lien, action in rem, law reform
Organisations: Southampton Law School

Identifiers

Local EPrints ID: 348703
URI: http://eprints.soton.ac.uk/id/eprint/348703
ISSN: 2044-7663
PURE UUID: 63010c79-415c-4bfc-b4f2-0815a04eb328

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Date deposited: 18 Feb 2013 10:23
Last modified: 14 Mar 2024 13:04

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Author: Hilton Staniland

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