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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 |