В Конвенции определены механизмы контроля соблюдения и обеспечения ее выполнения государством флага судна и государством порта в рамках процедур портового контроля.
Единственный минус, который можно сейчас найти – это соотнесение данной Конвенции с национальным законодательством. Но как это будет происходить, покажет только практика.
Список использованной литературы
1. Ayusawa, Iwao Frederick. International Labor Legislation. Clark, N.J.: Lawbook Exchange, 2005.
2. Alcock, Antony E. History of the International Labor Organization. New York: Octagon Books, 1971.
3. Ghebali, Victor Yves. The International Labour Organization: A Case Study on the Evolution of U.N. Specialized Agencies. Boston: M. Nijhoff, 1989.
4. See D. A. Morse, The Origin and Evolution of the I.L.O. and Its Role in the World Community (1969);
5. Jenks C. W. Social Justice and the Law of Nations (1970);
6. Alcock A. E. History of the International Labour Organisation (1971);
7. Ghebali V. Y. The International Labour Organisation (1989);
8. Imber M. The USA, ILO, UNESCO and IAEA (1989).
ILO Maritime Labour Convention
Introduction
Navigation is the most safe and most ecologically harmless form of commercial transportation. Probably, in unique among branches with physical risk, adherence of safety long time was the important question in all deep-water sea transitions of courts. Navigation was among the five first branches which have applied the international standards of safety.
Because of the initially international nature safety of navigation is regulated by various branches of the United Nations, in particular the International sea organisation (IMO) which has developed complete system of regulation of world sea safety.
However, daily work of seamen is always connected with certain risk. Owing to the professional work seamen are one of the most vulnerable groups of workers, therefore they require special protection. First of all it is necessary to carry to negative factors: the raised humidity in tropics, a cold in northern widths, adverse technical factors. Also it is necessary to remember that they are torn off from a family and a firm surface of the earth.
All these factors are identical to seamen of all states. It has served as the reason of creation of the uniform international documents regulating work of seamen which were developed by the International Labour Organization (ILO).
The ILO is special branch of the United Nations Organization. Within the limits of social partnership between employers and hired workers the ILO tries to create the positions satisfying wishes of all parties. On the basis of these the international conventions and recommendations which are obligatory for member countries the ILO are developed. Drawing up of the general documents for the different states is caused, first of all, because professional work of seamen is connected with work on courts of the various states and proceeds in the various countries.
The International organisation of work gives special attention to protection of seamen, as demanding special care and attention.
By this time are developed an order of 30 sea conventions, concerning seamen. In spite of the fact that in each of the convention the valuable legal data contains, they frequently do not correspond each other that causes difficulties in their application. All it does not allow to work to the full to the international labour norms.
Sea-craft, being a vehicle, long time is at a distance from a site of the organisation of sea transport and an overland infrastructure. Besides, work on a sea-craft is connected with cumulative influence on an organism of such production factors as noise, vibration, change of hour and climatic belts, ship rolling, an overheat of premises, constraint of the workplaces, the raised nervously-emotional loading owing to necessity of immediate decision-making, special attention, stressful and extreme situations, a high level of responsibility, etc. a condition of performance of labour function by seamen form the basis for branch differentiation of legal regulation of their work. Objective features of labour relations with participation of seamen generate necessity for an establishment of the special norms regulating work of members of crews of sea-crafts.
ILO
International Labour Organization (ILO) is specialised establishment in United Nations Organization system. The ILO has unique for the United Nations Organization tripartite structure: (employers, workers and the governments).
One of and the most important functions the ILO is acceptance of conventions and the recommendations establishing the international norms, reflecting basic labour human rights, and also features of application of work in separate fields of activity. Recognising special character of work on transport, the ILO gives a great attention to this sphere. It is connected with global character of activity of transport, growth of its role as backbone factor in world economic system, and also considerable influence of the human factor on effective functioning of transport system. First of all, it concerns sea navigation. Therefore among conventions the ILO on separate categories of workers the most part is occupied with the conventions accepted concerning seamen.
The international associations of trade unions actively use the specified norms for protection of the workers, irrespective of a national identity of a vessel and crewmen. A current state of affairs Conventions on work in sea navigation (sea conventions) concerning seamen regulate questions of employment, the minimum norms in a merchant marine fleet, vocational training, the device and admission conditions for work, repatriation, a payment, working hours, safety, medical and consumer services, and also social security.
Each member state the ILO should present all conventions accepted by conference and recommendations to competent national bodies for removal of the decision on measures which should be accepted.
Since 1919 conventions and the recommendations covering almost all questions of work are accepted: the basic labour human rights, and also features of application of work in separate fields of activity and categories of workers.
Recognising special character of work on transport, in the activity the ILO takes away an important place to the international norms regulating this sphere. It is connected with globalisation transport, growth of its role as backbone factor in world economic system, and also considerable influence of reliability of workers (the human factor) on effective functioning of transport system.
Conventions on work in sea navigation regulate questions of employment, the minimum norms in a merchant marine fleet, vocational training, the device and admission conditions for work, repatriation, a payment, working hours, safety, medical and consumer services, and also social security.
Concerning dockers the ILO questions of social consequences of new methods of processing of cargoes in ports, the safety precautions and a factory hygiene on port works, protection against accidents on cargo handling works are regulated.
Repatriation
The problem of maintenance of timely repatriation of seamen is the most actual part of a shared problem of protection of the sociolabor rights of seamen. It is connected with sharp increase in quantity of the sea-crafts floating under so-called «a convenient flag».
On courts under «a convenient flag» the majority of the conflict situations arising because of infringement by ship-owners of the international norms in the field of labour relations is fixed. Trade unions of seamen daily face this problem.
By ratified Convention No 23 about repatriation of seamen it is established that the seaman who has been written off on coast, has the right to be delivered back in the country or in port where it has been employed, or in port from which flight has begun. The seaman should not bear expenses on repatriation if it has been left for the reason for which it does not bear responsibility.
However, the important norm of the Convention is the duty of public authority of that country in which the vessel is registered, to observe of repatriation of any member of team, irrespective of its citizenship, and, if necessary, in the advance payment to pay to it its expenses.
The convention expands sphere of responsibility of authorities for repatriation of the seamen working on courts under with "a convenient flag».
Obligations on repatriation under this Convention arise along with the flag state, also at the states of port and the states of a nationality of seamen.
Article 5 of Convention No 166 establishes that if the ship-owner was not able to organise repatriation or pay expenses for repatriation of the seaman:
– The competent body of the state of a flag will organise and pays expenses for repatriation;
– Expenses on repatriation are subject to deduction from the ship-owner the state in which territory the vessel is registered.
Hiring and employment
Sources of the international labour right or international legal regulation of work are certificates of the United Nations and the ILO, establishing international standards on work regulation. Major of them — declarations, pacts, the conventions of the United Nations fixing some principles of legal regulation of work and the basic labour rights. The United Nations great attention gives to sociolabor questions. In their development the ILO accepts conventions and recommendations about work problems. But the ILO as specialised concerning work the international organisation can accept conventions and recommendations and about other questions of the work which has been not provided in certificates of the United Nations. Certificates the ILO and the United Nations together make the International code of work as a legal international basis for the edition of national norms of the labour legislation. (But it is necessary to notice that from 300 international certificates about work by Russia are ratified less than 50). All sources of international legal regulation of work have contractual character.
Accepts these certificates the supreme body the ILO — the General conference (assembly) gathering annually in Geneva. It is constructed by a principle tripartism (i.e. Two representatives from the government of member country the ILO and on one — from workers and the employers, all four representatives vote independently).
Let's specify in the major sources of the international labour right accepted by the United Nations, and their maintenance.
The United Nations charter in item 55 provides that United Nations activity promotes increase of a standard of living, a full employment of the population and conditions of economic and social progress and development.
In “the General declaration of human rights”, the General assembly of the United Nations accepted in 1948, provides the basic labour human rights, the right to effective restoration of the broken rights (item 8), the right to formation, including on popular technical and professional, including the higher (item 20). In item 23 very important human rights are fixed: the right to work, a free choice of work, fair and favorable working conditions and on protection against unemployment; on equal payment for equal work without any discrimination; on the fair and satisfactory compensation providing worthy existence for the worker and his family and supplemented if necessary and other means of social security; the right to create trade unions and to enter into trade unions for protection of the interests.
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