How does the amendments to MLC’06 affect US ships in overseas trade:
I’m aware that such ships is in “voluntary” compliance with MLC’06 by necessity, but does this also apply to the amendments?
How does it work if there is a claim according to MLC’06, but a similar claim can NOT be made per the Jones Act? (or v.v.)
Has any case of this type been tested in a US Court of Law, or by ILO?
Pursuant to the Eastern District of Texas, the MLC does not provide a cause of action. In De La Cruz v. Gulf Coast Marine & Associates (2011), the court states that the MLC does “not give rise to a private cause of action because [it] requires only that each member state adopt laws and regulations that comply with the convention’s standards and does not expressly provide for a private cause of action by a private party.” Therefore, claims based on the Maritime Labour Convention would not likely be successful.
P&I Clubs seek to limit the impact of the MLC amendment to their liability:
THe same circular letter has been issued by the other major P&I Clubs as well.
MLC is in the spotlight of PSC inspectors around the world:
Protection of seafarers against unfair treatment has been agreed among 10 Asian nations that are major suppliers of seafarers to the world’s merchant fleets: