Fair treatment of seafarers in the event of a maritime accident: are the current international rules and guidelines sufficient? & The definition of piracy in the 1982 united nations law of the sea convention: is it adequate to effectively combat modern piracy?

Abstract

No matter how many precautions are taken, maritime accidents cannot be completely eliminated. The causes are often complex, tedious and time- consuming to investigate. However, following a maritime accident, especially those involving pollution, there is intense public and political pressure for swift measures to be taken against those considered responsible, typically the members of the crew, regardless of whether they are in fact to blame. These pressures have consistently resulted in unfair treatment for the seafarers involved, who find themselves criminalised and their rights violated. In 2006, the International Maritime Organisation (IMO) therefore published a series of Guidelines with regard to the Fair Treatment of Seafarers in the Event of a Maritime Accident. Despite this, several cases have taken place whereby the Guidelines have been ignored by individual states, which applied domestic laws without regard for the complex position of seafarers. This paper assesses whether the Guidelines, along with the wider international legal regime they form part of, are enough to combat the unfair treatment of seafarers, as well as if there is any room for improvement.