scholarly journals Trapped at Sea. Using the Legal and Regulatory Framework to Prevent and Combat the Trafficking of Seafarers and Fishers.

2013 ◽  
Vol 1 (2) ◽  
pp. 91 ◽  
Author(s):  
Rebecca Surtees
Keyword(s):  
International Law ◽  
Human Trafficking ◽  
Regulatory Framework ◽  
Law Of The Sea ◽  
Commercial Fishing ◽  
Maritime Law ◽  
The Past ◽  
Fishing Sector ◽  
Forced Labour ◽  
Two Sectors

The breadth and diversity of trafficking for forced labour has become increasingly recognised over the past several years, including heightened attention to human trafficking within the seafaring and commercial fishing industries. Not only are these sectors where trafficking abuse can and does take place, but there are also aspects of these sectors that may lend themselves particularly to human trafficking abuses due to the nature of this form of trafficking as well as the legal and regulatory framework in place. The article begins by framing what constitutes trafficking at sea, both in the commercial fishing sector and in the merchant fleet and then presents the legal and regulatory framework to combat trafficking at sea – namely, international anti-trafficking law, international maritime law and the international law of the sea. The article then considers the “three P paradigm” of anti-trafficking (that is, prevention, protection and prosecution) and how improved policies, regulation and legislation (and, as importantly, enforcement) in these areas have the potential to contribute to an improved situation for seafarers and fishers—to both prevent and combat trafficking in commercial fishing and the merchant fleet, while also noting differences between the two sectors. The analysis also draws on the perspective and experiences of men trafficked in the seafaring and commercial fishing sectors to firmly situate the discussion in the practical realm and articulate what, in concrete terms, can be done to effectively prevent and combat trafficking of seafarers and fishers.

Part III Human Health and Human Rights, 16 Ethics of International Maritime Law and Ocean Governance

2018 ◽  
Author(s):  
Pavliha Marko
Keyword(s):  
International Law ◽  
Law Of The Sea ◽  
Legal Ethics ◽  
Public International Law ◽  
Health And Human Rights ◽  
Maritime Law ◽  
Ocean Governance ◽  
Moral Standards ◽  
The Law

This chapter examines the role of ethics in international maritime law and ocean governance. It first considers the general ethical flavour of international law, giving a few examples of moral standards in the law of the sea and maritime law, before discussing a range of issues relating to ocean governance. It suggests that the phrase ‘international maritime law’ should be understood broadly as inspired by the International Maritime Organization’s International Maritime Law Institute (IMO IMLI), thus including the law of the sea as part of public international law and the maritime law, also known as shipping, admiralty or marine law. The chapter goes on to outline actions aimed at conserving and sustainably using the oceans, seas and marine resources for sustainable development. Finally, it offers recommendations on how to improve legal education with an obligatory course on legal ethics.

Time to Get Serious about Combating Forced Labour and Human Trafficking in Fisheries

2020 ◽  
pp. 1-26
Author(s):  
Vasco Becker-Weinberg
Keyword(s):  
Human Trafficking ◽  
Legal Framework ◽  
Law Of The Sea ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
Fishing Vessel ◽  
Labour Exploitation ◽  
The World ◽  
Forced Labour ◽  
Working And Living Conditions

Abstract The connection between forced labour and human trafficking and fisheries, particularly illegal, unregulated and unreported fishing, is vile and highly profitable, and may be found in most parts of the world. A fishing vessel can be a place of abuse more extreme than any other onshore. At sea, it is out of sight for long periods of time, with little or no opportunity for fishers to escape. The working and living conditions on board are often simply described as inhumane. Combating labour exploitation in fisheries raises many complex multijurisdictional challenges, most of which, if not all, could be circumvented if States were serious about addressing this phenomenon. This article examines these challenges and the relevant international legal framework, particularly the 2007 Work in Fishing Convention and the 2014 Protocol to the Forced Labour Convention, against the background of the law of the sea and international human rights law.

John Selden and the Jewish Religious Fountainhead of the International Law of the Sea

2017 ◽  
Author(s):  
Ofir Haivry
Keyword(s):  
International Law ◽  
Law Of The Sea ◽  
Maritime Law ◽  
Technological Advances ◽  
Sea Bed ◽  
Hugo Grotius ◽  
Dramatic Rise ◽  
Limited Application ◽  
John Selden ◽  
Technological Limitations

Modern international maritime law (IML) was born primarily out of two works, written about 400 years ago: Mare Liberum (1609) by Hugo Grotius, which argued for a complete freedom of the seas; and Mare Clausum (1635), by John Selden (1584–1654) arguing for the principle and practice of dominion and ownership over tracts of sea. Until relatively recently IML tended far more towards Grotius, since technological limitations limited application of Selden’s view mainly to the concept of the ‘territorial waters’. However, in the last three decades, as technological advances enable the establishment of far wider areas of maritime control and ever more ambitious finds of resources lying under the sea-bed, there has been a dramatic rise in the import of John Selden’s ideas for IML.

scholarly journals Book Review: Dispute Settlement in the UN Convention on the Law of the Sea

2019 ◽  
Vol 36 (4) ◽  
pp. 867
Author(s):  
Joanna Mossop
Keyword(s):  
International Law ◽  
Dispute Settlement ◽  
Detailed Examination ◽  
Law Of The Sea ◽  
Cambridge University ◽  
The Past ◽  
Unilateral Action ◽  
Solid Foundation ◽  
The Law

This article is a book review of Natalie Klein Dispute Settlement in the UN Convention on the Law of the Sea (Cambridge University Press, Cambridge, 2005) (418 pages). The law of the sea has been one of the most dynamic and disputed areas of international law for most of the past several centuries. The fact that the UN Convention on the Law of the Sea contains a dispute settlement provision that involves compulsory adjudication was a move away from the contentious past characterised by unilateral action. Mossop states that Klein has written a technically excellent text outlining the history and development of the dispute procedures, the requirement of each part of the process, and the extent to which the cases heard under the dispute procedures have cast light on the operation of the procedures. Although the book will be of significant value to practitioners and scholars dealing with this area of the law, Mossop argues that the detailed examination of the topic means that the book will not be suitable as a student textbook. It is concluded that the book is a solid foundation against which later cases can be compared. 

Modern Slavery and the Law of the Sea

2021 ◽  
Vol 9 (1) ◽  
pp. 4-17
Author(s):  
Chie Kojima
Keyword(s):  
United Nations ◽  
Human Trafficking ◽  
Law Of The Sea ◽  
Political Will ◽  
Modern Slavery ◽  
Complementary Role ◽  
United Nations Convention ◽  
The Law ◽  
Forced Labour ◽  
Flag State

Abstract Practices of modern slavery across maritime borders, such as human trafficking and forced labour in the maritime and fishing industries, are often unregulated and uncontrolled due to legal uncertainties and the lack of political will. This article discusses possibilities to re-interpret the United Nations Convention on the Law of the Sea to give a complementary role to non-flag States in controlling modern slavery practices at sea. In particular, it analyses the question as to whether a non-flag State may take prescriptive and enforcement measures against a foreign vessel suspected of modern slavery on the high seas.

Abolition of Slavery, Human Trafficking and Forced Labour Pespectives of International Law and Islamic Law – the Libya of the Post-Gaddafi Regime as a Case Study

2021 ◽  
Vol 6 (1) ◽  
Author(s):  
Dawood Adesola Hamzah
Keyword(s):  
International Law ◽  
Human Trafficking ◽  
Islamic Law ◽  
Historical Background ◽  
Law And Order ◽  
Theoretical Frameworks ◽  
Forced Labour ◽  
Enforcement Mechanisms ◽  
Legal Frameworks ◽  
Political Turmoil

Slavery, human trafficking and forced labour are anti-human and unacceptable practices that cut across cultures, nationalities, and dogmas, while taking on different dimensions. International law, Islamic law and various national laws have declared these practices illegal within their respective legal frameworks. However, owing to factors associated particularly with internationalism, including weak enforcement mechanisms, these practices have continued unabated around the world. The practices have taken on a new dimension in Libya because of the political turmoil in that country. This has opened doors for the transnational mafia to engage in the practices and has effectively made African youths easy prey. As a Muslim majority country, Libya is a member of the United Nations Organisation and Pan-African, Islamic and Arab organisations. It is therefore bound by the relevant laws of these international organisations aimed at eliminating the menace of slavery, human trafficking and forced labour that had become established practices in the country. If Libya has remained politically unsettled, it is necessary to ask the question: Can these international and Islamic norms be enforced? This article attempts to explore the historical background of slavery in Africa and its abolition through the instruments of both modern international law and Islamic law. It is also an attempt to contextualise Libya within the theoretical frameworks of those principles and their application in a country that is faced with challenges associated with the breakdown of law and order.

scholarly journals Uniformity or Unilateralism in the Law of Carriage of Goods by Sea?

2000 ◽  
Vol 31 (2) ◽  
pp. 355
Author(s):  
Paul Myburgh
Keyword(s):  
International Law ◽  
Conflict Of Laws ◽  
Maritime Law ◽  
The Past ◽  
Multimodal Transport ◽  
International Transport ◽  
The Law ◽  
The Ideal

The ideal of international uniformity has always been regarded as particularly important to maritime law. However, over the past decade or so, the uniformity of the law of international carriage of goods by sea has increasingly been undermined by the unilateral adoption by maritime jurisdictions of "hybrid carriage regimes" which depart from the established international uniform rules.In this article Paul Myburgh argues that this trend towards adoption of divergent carriage regimes is highly problematic, not merely because of their detrimental effects on international uniformity and the coherence of maritime law and international transport law in general, but also because of more fundamental concerns about the validity of these regimes at international law, the practical conflict of laws problems that that they will generate, and their distorting effects on multimodal transport. The article concludes with some suggestions for future reform in this area.

scholarly journals MANUSIA MEMPERDAGANGKAN MANUSIA?

2017 ◽  
Vol 13 (1) ◽  
pp. 9
Author(s):  
William Chang ◽  
Lianto .
Keyword(s):  
Human Trafficking ◽  
Emotional Reaction ◽  
The Past ◽  
Sex Slavery ◽  
Social Trend ◽  
Forced Labour ◽  
Modern Form

A social trend that should trigger an emotional reaction in Indonesia as a nation that has enjoyed independence for the past 68 years, is none other than human trafficking. Indonesia is listed at 114 in the register of this modern form of slavery with around 220 thousand victims9 . Globally, there are around 29.8 million victims of human trafficking. Indonesia is one of the 17 source, transit and destination countries, involving criminal activities such as sex slavery, forced labour and child procurement. This situation is pretty evenly spread among all of Indonesia’s Provinces. The roots, the process and a way forward are highlighted in this brief study. <b>Kata-kata Kunci:</b> Human trafficking, perbudakan, migrasi, keluhuran matarbat manusia, hak asasi manusia.

Sign in / Sign up

Export Citation Format

Share Document