Shipping / Transportation Law

Seafarers' Rights

Edited by Deirdre Fitzpatrick · Michael Anderson
Oxford University Press January 2005

Specifications

ISBN-13
9780199277520
Publisher
Oxford University Press
Publication
January 2005
Format
Hardback , 690 pages
Jurisdiction
U.K. ? Countri(es) for reference only

Details

  • A detailed analysis of a very complex subject: the rights of seafarers in international law as well as in key national laws
  • Written by top academic and practitioner specialists in the field, offering a comprehensive examination of a problematic area of law
  • It is the first book ever to seriously tackle this subject and so fills a major gap in the market
  • The 12 national chapters cover the UK, US, Brazil, China, Cyprus, Greece, Liberia, Norway, Panama, Philippines, Russia and South Africa

Seafarers' Rights

provides the reader with a systematic analysis of the rights of seafarers in the context of the international shipping industry, showing how they are made up of a combination of national and international laws, drawn from a number of sources including maritime law, labour law and international human rights law. Central chapters on these topics are dealt with on an international basis, and complemented by 12 chapters covering key national regimes of particular importance in terms of shipping.

 

The book demonstrates how the seafarer, working in a truly global industry, often falls between the gaps in national and international law. As a result seafarers often have inadequate legal protections.

Seafarers' Rights

seeks to document the rights and remedies available to seafarers, highlight the problem areas, examine the legal systems of certain seafaring nations and port states and suggest areas that are ripe for legal reform. Countries covered in the national chapters include Brazil, China, Norway, Russia, South Africa, UK and the US.

Readership: Legal practitioners and labour organisations dealing with seafarers' rights in practice, inlcuding shipping, human rights and employment lawyers, as well as academics and institutions specialising in maritime, labour and human rights law. Ship owners and other parties active in the maritime industry such as charterers, manning agents and insurers.

Table of Contents

Foreword
Judge Thomas Mensah: Preface
Part I
1: Alastair Couper (with Thomas Schoenbaum and Robert Grime): Historical Perspectives on Seafarers and the Law
Part II
2: BIICL: International Standards
3: BIICL: International Compliance and Enforcement Mechanisms
Part III
4: Robin Churchill and Deirdre Fitzpatrick: Seafarers' Rights at the National Level
5: Nick Gaskell and Christopher Smith: Private Law Regimes Applicable to Seafarers
Part IV
Michael Anderson and Deirdre Fitzpatrick: Introduction to the National Chapters
6: The Law Firm of Caputo, Bastos, Fruet e Bouissou Advigados: Brazil
7: Peter Jiang: China
8: Andreas G Michaelides: Cyprus
9: Maria Gavouneli: Greece
10: John W deGravelles and Philip A Z Banks, III: Liberia
11: Mads Andenas (with assistance from Georg Riekeles): Norway
12: Enrique Cajigas: Panama
13: Emilio A Gancayco: Philippines
14: Valeriy A Musin: Russia
15: Struan Mundell: South Africa
16: Paul Newdick: United Kingdom
17: Richard J Dodson: United States
Part V
18: Michael Anderson and Thomas Mensah: Proposals for Legal Reform
Annex: International Instruments Relevant to Seafarers' Rights
Annex: Ratification of International Instruments by Certain Countries
 
 
 

About the Author

Edited by Deirdre Fitzpatrick, Solicitor and legal officer, International Transport Workers' Federation, London, and Michael Anderson, Senior Fellow, British Institute of International and Comparative Law
Contributors:
Mads Andenas, Director of the British Institute of International and Comparative Law, London, UK
Michael Anderson, British Institute of International and Comparative Law, UK
Philip A Z Banks, III, Liberia Law Experts Inc, Liberia
BIICL
Enrique Cajigas, Cajigas & Co, Panama
The Law Firm of Caputo, Bastos, Fruet e Bouissou Advigados, Brazil
Robin Churchill, Cardiff University, UK
Alastair Couper, former head of the Department of Maritime Studies and International Transport at the University of Cardiff, and past Director of the Seafarers International Research Centre (SIRC)
John W deGravelles, deGravelles, Palmintier, Holthaus & Frugé, US
Richard J Dodson, Dodson & Hooks, US
Deirdre Fitzpatrick, International Transport Workers' Federation, London, UK
Emilio A Gancayco, Gancayco, Balasbas & Associates Law Offices, Philippines
Nick Gaskell, Institute of Maritime Law, Southampton University, UK
Maria Gavouneli, Hellenic Institute of International and Foreign Law, Greece
Robert Grime, Institute of Maritime Law, Southampton University, UK
Peter Jiang, C&M (China) Law Office, China
Judge Thomas Mensah, International Tribunal for the Law of the Sea
Andreas G Michaelides, Michaelides & Michaelidis, Cyprus
Struan Mundell, Mundell Inc, South Africa
Valeriy A Musin, St Petersburg State University Faculty of Law; Senior Partner, Musin & Partners, Russia
Paul Newdick, Clyde & Co, UK
Thomas Schoenbaum, International Christian University, Japan, and University of Georgia, US
Christopher Smith, Essex Court Chambers
 
 

Reviews

"This unique, comprehensive and authoritative book on seafarers' rights analyses in great detail the various legal systems and how international treaties are interwoven with national laws. Seafarers' Rights is not just an extremely readable, high-quality reference book, it is one everyone involved in shipping must read." - Lloyd's List

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