MLC'06 as amended

Maritime Topics
1

How does the amendments to MLC’06 affect US ships in overseas trade:
http://www.hellenicshippingnews.com/maritime-labour-convention-2006-as-amended-mlc-liability-for-uninsured-mlc-liabilities/

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?

2

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.

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3

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.

4

Latest update and guidelines for implementation of the welfare part of MLC’06:
https://safety4sea.com/ics-its-provide-guidelines-for-ensuring-seafarers-welfare/

5

MLC is in the spotlight of PSC inspectors around the world:
https://safety4sea.com/cm-mlc-in-the-psc-spotlight/

6

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: