MLC in Court

Key Points

01

Courts offer the strictest means of enforcement of the MLC, including criminal punishment. They may also provide ancillary support for tribunals or other dispute resolution mechanisms concerning seafarers’ rights. And they may set binding precedents in some jurisdictions.

02

There are few references to courts or to court procedures in the MLC.  Title 5 on “Compliance and Enforcement” states:

“4. The provisions of this Title shall be implemented bearing in mind that seafarers and shipowners, like all other persons, are equal before the law and are entitled to the equal protection of the law and shall not be subject to discrimination in their access to courts, tribunals or other dispute resolution mechanisms. The provisions of this Title do not determine legal jurisdiction or a legal venue”.

03

The MLC is without prejudice to other more favourable conditions and to other rights, claims or remedies that may also be available to seafarers.

04

A fast-growing number of court decisions around the world are directly impacting the implementation and enforcement of the MLC. The impacts are many and they are significant.

05

A search of the court records around the world can find over 200 cases concerning the MLC in more than 30 ratifying States. There are likely to be even more decisions in more States where court decisions are not readily accessible or published.

06

In brief and general terms, the nature of the court decisions relating to the MLC include, but are not limited to:

• Wages claims;
• Enforcement of maritime liens;
• Collective agreements;
• Sickness, injury and death claims;
• Detentions and exclusions;
• Law of the flag and/or applicable law issues.

07

The use of judgments also appears to be contributing to the MLC as a living instrument which may assist to keep the Convention abreast of developments such as MASS, GHG and ESG.

08

The apparently growing need of interested parties to have their MLC rights enforced in court suggests that the implementation and enforcement provisions contained in the Convention (which do not provide for recourse to court) are not yet fully effective on a global basis.