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Voyages of Abuse

Voyages of Abuse

A. D. Couper | C. J. Walsh | B. A. Stanberry | G. L. Boerne

(1999)

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Book Details

Abstract

This book details the deplorable conditions that exist in a minority sector of international shipping operating mainly, although not exclusively, under flags of convenience. In a horrific account of human rights abuses that would be little tolerated in the countries of the ship owners, the authors demonstrate that governments often pay little attention to cases of robbery, abandonment, deprivation and even death perpetrated by these ship owners or on vessels bearing their national flag. The financial and shipping institutions that support substandard ship owners are also prepared to ignore the plight of the individual seafarer serving on the ships under their tenure.

The authors draw on case studies to illustrate the issues, including a perspective on Adriatic Tanker Company of Greece and examples of incompetent management and the reckless finance provisions in merchant shipping. The authors also examine the plight of seafarers' families, who are particularly vulnerable, and the legal rights of abused and abandoned seafarers. They conclude by arguing for a global governance of shipping.
'A useful and much needed addition to the ocean literature ... The book is extremely well written and painstakingly documented ... The detailed case histories will shake some consciences'
Elisabeth Mann Borgese, Founder and Honorary Chair for Life, International Ocean Institute, Malta
'This book is a fine contribution to the ongoing debate about global governance in shipping and will doubtless help in persuading those who remain opposed to the notion that with flag state rights come flag state responsibilities'
David Cockroft, ITF General Secretary
'A fascinating book which avoids coming across as dry and academic. It is packed with facts and figures and allows the reader to see the real human cost of bad practices and problems seafarers can and have faced ... should also be of interest to anyone who is interested in the abuses faced by workers'
New Worker

Table of Contents

Section Title Page Action Price
Contents iii
Tables and Figures vi
List of Tables vi
List of Figures vii
Acknowledgements ix
1. 'Us Poor Seamen' 1
Changing Conditions 2
Structure of the Book 3
Those Involved 4
The Database 5
The Case Study 6
2. International Shipping 8
The Globalising Processes in Shipping 9
The New Economic Environment 10
Cutting Crew Costs 11
The Structure of World Shipping 12
The Shipowners 14
The Institutions of Shipping 15
Conclusion 18
3. Seafarers and Employment 19
Introduction 19
Recruitment 20
Training of Seafarers 22
Nationality and Cultural Diversity 23
The Divided Ship 25
Good and Bad Ships and Shipowners 26
Wages 27
Victualling/Nutrition 28
4. Failures, Frauds and Abuses 35
Causes of Company Collapse 36
Tidal Marine 36
Colocotronis 37
Saleninvest 37
Sanko 37
5. Adriatic Tankers I: A Short History of the Company 62
Greek Shipowners and Shipping 62
The Origins of Adriatic Tankers 64
The Growth and Characteristics of the Fleet 65
Quality of the Fleet 66
The Seafarers 70
The Fall 71
6. Adriatic Tankers II: Management and Finance 72
Ownership 72
Flagging Policies 73
Management Structure and Style 74
Commercial Management 75
Financial Opportunities 76
Sources of Finance for Adriatic Tankers 79
The Effect of Zissimatos' Personality on the Loans 81
Asset-based Lending on Adriatic's Ships 83
Financial Problems Leading to the Collapse 84
Re- financing and Re- entry 86
Reactions on the Market 88
7. Adriatic Tankers III: The Tale of Two Ships 94
Introduction 94
The Lourdas 94
Adriatic Tankers Takes Over 95
Appeals for Help 96
Isolated On Board 97
Abandonment Ashore 100
The Fate of the New Crew of the Lourdas 101
The end of the Lourdas 105
The Kyoto I 106
A New Crew 107
Legal Action 109
A Time of Desperation 111
Repatriation by the ITF 114
Escape of the Ship 116
8. Seafarers and Their Families and Allies 118
The Seafarers' Allies 124
International Transport Workers Federation 124
Wider Functions of the ITF 126
Relations with Adriatic Tanker Company 127
Help from the Christian Missions 131
Actions by the Seafarers 137
9. The Legal Rights of the Abused and Abandoned Seafarer 139
Introduction 139
The Sources of International Maritime Labour Law 139
The Role of the International Labour Organisation 141
The Seafarer's Right to Wages and Repatriation under ILO Instruments 144
The ILO's Recommendation Concerning Seafarers' Wages, Hours of Work and Manning of Ships 145
The ILO's Repatriation of Seafarers Convention 147
Why don't these ILO Instruments have Appreciable Effect on the Substandard Sector? 149
( i) Vague or ambiguous wording 149
( ii) Putting a time limit on the claiming of legal rights 151
( iii) Referring disputes to an inaccessible third party 151
( iv) Discouraging industrial action 151
Case of the Glory Cape 152
Problem of Enforcement 152
( i) Obtaining legal representation and enforcing a lien 153
( ii) The genuine link concept fact or fantasy? 155
The Search for a Solution–Compulsory Insurance 157
Conclusions 164
10. Towards Global Governance in Shipping 166
Assignment of Blame 166
Defects in the Present International Regulatory System 168
Uninsured Seafarers and Ships 169
Human Rights 170
New Developments in International Legislation 171
The Legal Fiction of Flag and Territory at Sea 172
Transition to Global Governance in Shipping 173
Conclusion 177
Notes 180
Chapter 1 180
Chapter 2 180
Chapter 3 181
Chapter 4 183
Chapter 5 184
Chapter 6 185
Chapter 7 187
Chapter 8 187
Chapter 9 188
Chapter 10 191
Appendix 1. Flags of Convenience and Second Registries, June 1997 192
Appendix 2. Ship losses by Flag ( 1996) 193
Appendix 3 194
Glossary 205
Index 208
Abandonment 42
Repatriation Refusals 44
Cheating on Wages and Intimidation 45
Sexual Harassment 49
Political Pressure 49
Refusal of Medical Treatment 49
Victimisation 51
Poor Food 53
Unfair Dismissal 53
Unfair and Dishonoured Contracts 53
Employment Agency Illegal Practices 57
42-4 42
in hotels [AT] 100 100
in hotels [AT] 121-4 121
on Kyoto One 108-17 108
outside territorial sea 170 170
outside territorial sea 177 177
responsibility 158 158
responsibility 161 161
Admiral 1 51 1
Agencies [Employment] 57
57-8 57
recruiting 2 2
recruiting 21 21
recruiting 34 34
Al Karim 50 50
Alimos One 44 44
Allotments 27