| At the beginning of the 21st century,piracy has gone from being prevalent globally to being effectively contained by the international community.At the end of 2019,the world is facing the impact of the COVID-19 pandemic,and the issue of piracy attacks has re-entered the shipping industry’s vision.Judging from the "Report on Piracy and Armed Robbery at Sea(2020)" issued by the International Maritime Administration,the number of piracy attacks worldwide has picked up in 2020.The 2006 Maritime Labour Convention,known as the Seafarers’ Bill of Rights,was published in 2018.The 2018 Amendment was passed in April 2008.This amendment is the first amendment to an international convention against piracy.The 2018 amendments to the 2006 Maritime Labour Convention involve the hijacking of crew members due to acts such as piracy or armed hijacking,the validity of employment agreements during the hijacking period,and whether the rights of crew members are affected,etc.As an amendment to protect the rights and interests of seafarers hijacked by pirates,this article uses the 2018 amendment of the 2006 Maritime Labour Convention as the starting point,combining the existing maritime liens and the provisions of the 2014 amendment to the 2006 Maritime Labour Convention.Abandoned seafarers’ financial guarantee system,insurance compensation,etc.are used to study the payment of seafarers’ wages hijacked by pirates from multiple perspectives.Through literature analysis,comparative analysis and other methods,the aim is to analyze the "Maritime Labor in 2006" from the existing legal system.The difficulties in the implementation of the 2018 amendment to the Convention have promoted its smooth implementation.This article is divided into five chapters.The first chapter discusses the basic legal issues concerning the wages of crew members during the period of pirate robbery.First,it introduces the background of the amendments to the 2006 Maritime Labour Convention in 2018,and analyzes the contents of the amendments.The particularity of the wages of the crew during the period,and the certainty and necessity of salary payment;Chapters 2,3,and 4 are from the maritime liens,the abandoned crew financial guarantee system of the 2014 amendment to the Maritime Labour Convention of 2006,Starting with the existing insurance compensation and general average,through theoretical explanation and practical analysis,it is pointed out that these four systems related to the wages of seafarers have limitations in compensating the wages of seafarers hijacked by pirates,and cannot provide guarantees for the wages of hijacked seafarers.The wages of crew members who are hijacked by pirates need to be clearly protected by laws and regulations when paying,but also need to be paid quickly and stably.Therefore,in Chapter 5 of this article,we propose corresponding countermeasures to the existing difficulties.Although the seafarers’ wages during the period are regulated by international conventions,there are still legislative deficiencies in the process of transforming into domestic laws.The author proposes to build a shipowner’s compulsory liability insurance system for the payment of hijacked seafarers’ wages.The possibility of performance of the 2018 amendments to the Labour Convention constitutes a guarantee for both the crew and the shipowner.Through the construction of compulsory liability insurance to regulate the imbalance of interests that may exist between shipowners and crews when piracy attacks occur in the field of maritime law,promote the coordination of domestic legislation with the 2018 amendments to the Maritime Labour Convention of 2006,and safeguard the integrity of the shipping industry. |
