Research On The Legal Issues Of The Abandonment Of Seafarers

Abandonment of seafarers is a problem that has historically arisen with the growth of the shipping industry.Abandoned seafarers often find themselves are stranded in the waters of other countries,far away from their motherland and family members,unable to speak the language,are facing difficulties’ of financial constraints due to unpaid wages,and even unable to maintain basic daily needs,nor get timely legal protection and support,physical and mental suffering damage.To protect the rights and interests of abandoned seafarers,IMO and ILO have formulated a range of resolutions and conventions,such as the Guidelines on Provision of Financial Security in Case of Abandonment of Seafarers and the Maritime Labor Convention 2006(hereinafter referred to as MLC2006),It requires shipowners to set up a financial security system for seafarers in order to provide emergency assistance to abandoned seafarers.At the same time,MLC2006 also stipulates that when the shipowner fails to fulfil its responsibility of repatriation,the flag state,port state and seafarer nationality will arrange the repatriation of seafarers.However,in recent years,there have been news that seafarers have been abandoned.After the seafarers were abandoned,they still could not get timely relief.A large number of seafarers still faced the dilemma of being unable to repatriate.This is closely related to the imperfect legal system and the failure to comply and enforce international conventions.Based on this,this article first studies the current situation of the abandonment of seafarers,summarizes the reasons for the abandonment of seafarers;secondly,it studies the current international legal system of seafarers’ abandonment and its shortcomings,and puts forward suggestions to improve it;Finally,combined with international conventions and other countries’ legislation,this paper discusses the construction of the legal protection mechanism of abandoned seafarers in China.The Chapter 1 an overview of the abandoned seafarers.First,starting with the concept of seafarers,defining the situation in which seafarers are abandoned.A seafarer shall be deemed to have been abandoned where,in violation of the requirements of MLC2006 or the terms of the seafarers’ employment agreement,the shipowner fails to cover the cost of the seafarer’s repatriation;or shipowners has left the seafarer without the necessary maintenance and support;or the shipowners has otherwise unilaterally severed their ties with the seafarer including’ failure to pay contractual wages for a period of at least two months.Secondly,through data statistics,summarizing the reasons for the seafarers’ abandonment,and extending the practical obstacles to the repatriation of abandoned seafarers.The Chapter 2 analyzes the legal liability and legal dilemma abandoned by seafarers.First,focusing on the seafarers,identify the responsibilities of shipowners,flag states,port states and seafarers’ nationalities;:secondly,combining the legal responsibilities abandoned by seafarers,analyze the,shortcomings of the existing legal system.That is,the limitations of the financial guarantee system,the minimum safety manning requirements of the ship hinder the realization.of the seafarer’s right of repatriation,and the lack of punitive regulations of the shipowner,etc.The Chapter 3 proposes ways to resolve the legal dilemma of seafarers who have been abandoned.First,at the level of international conventions,actively promote the approval and implementation of the revised MLC2006 and improve the current financial guarantee system;from the theoretical and practical levels,put forward the coordination of the seafarers’ repatriation rights and the minimum safe manning of ships;Second,strengthen the role of international organizations and improve the functions of international organizations;Finally,put forward the idea of establishing an international cooperation mechanism.The Chapter 4 turning the research perspective to China,how China should deal with the frequent seafarer abandonment problem.The problem of seafarers’abandonment is complicated and transnational,and the existing legal system of seafarers’ abandonment in China is not in harmony with MLC2006.For example,the seafarers’ abandonment has not been defined or a financial guarantee system has not been formally established.This seriously lags behind the development needs of practice.Summarizing the current status and deficiencies of the abandoned legal system for seafarers in China,drawing on the relevant practices of the international community,and clarifying the legal remedies that China should provide as a flag state,port state,and seafarer’s nationality,improving the legal guarantee mechanism for the abandoned seafarers in China from three dimensions:legislation,enforcement,and justice.