Izvorni znanstveni članak
CREWING INSURANCE UNDER THE MARITIME LABOUR CONVENTION, 2006
Ranka Petrinović
; Pomorski fakultet Sveučilišta u Splitu
Ivana Lovrić
; Pomorski fakultet Sveučilišta u Splitu
Sažetak
The Maritime Labour Convention (MLC) was adopted in Geneva in 2006, and entered into
force in August 2013. The Convention represents the consolidation and modernization of
the standards set in as many as 37 conventions previously adopted by the ILO. The Republic
of Croatia ratified the Convention in February 2010, and has partially aligned its national
legislation with its provisions. Almost all aspects of seafarers’ life and work are foreseen by
the MLC. All Member State ships shall have a maritime labour certificate as prima facie
evidence that the requirements of this Convention have been met. The most important provisions
of the Convention ensure minimum standards of health protection and medical care,
so that seafarers are protected from financial consequences of sickness, injury or death occurring
in connection with their employment. Each Member State shall therefore adopt laws
and regulations requiring that owners of ships that fly its flag are responsible for seafarers’
health protection and medical care as foreseen by the MLC. These provisions are stipulated
in Regulation 4.2. under the heading "Shipowners’ liability". According to these provisions,
shipowners shall either be liable to bear medical care costs or shall have to provide financial
security for these costs. Furthermore, each Member State shall require ships that fly its flag to
provide financial security for the costs of seafarers’ repatriation (Standard 2.5), and to ensure
that seafarers are compensated when a ship is lost or has foundered (Standard 2.6).
The paper describes and analyzes the insurance system provided by the Maritime Labour
Convention. The Convention does not expressly require compulsory liability insurance, but
the insurance is a convenient way of fulfilling some of its requirements. It differs from the
CLC and the Bunkers Convention that contain provisions on compulsory insurance, and
also give a third injured party the right for a direct claim towards the liability insurer. The
Convention’s insurance system is defined in a very broad manner, which is insufficiently precise
so it raises many questions. Particularly interesting are the following: What is the legal
nature of this insurance? Is it life, injury or liability insurance? Who is the insurer, and who
the insured? Who has an insurable interest, and what is the nature of that interest? Which
document ensures the fulfilment of the Convention requirements regarding the security of
seafarers (financial security requirements)? Extremely important is the issue concerning a
direct action against an insurer, as well as the issue of the applicable law and jurisdiction. All
these issues will be addressed and explained in the paper on the basis of current knowledge
and experience.
Ključne riječi
Maritime Labour Convention, 2006; repatriation; shipowners' liability; financial security; P.&I. clubs; abandoned seafarers
Hrčak ID:
144395
URI
Datum izdavanja:
8.9.2015.
Posjeta: 4.390 *