CROSS-BORDER SOCIAL DIALOGUE AND AGREEMENTS: An ...

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Cross-border social dialogue and agreements clearly favours those shipowners best able to avoid regulation, it leaves open a political “regulatory space”, which the ITF has filled. Maritime Labour Convention contents and functioning The MLC supersedes most ILO seafaring labour Conventions and Recommendations, although the important recent Seafarers’ Identity Document Convention (Revised), 2003 (No. 185) is not included. Conventions that are deemed obsolete because the issues they address are no longer relevant, or that have been replaced in function by IMO conventions are also omitted from the MLC. Countries ratifying the MLC are no longer bound by the previously ratified conventions it supersedes, and are instead bound by the provisions of the MLC. The instrument’s structure introduces various innovations, some that are borrowed from the IMO experience, and some that resolve problems unique to the ILO’s situation. The MLC is divided into articles, regulations and titles, as well as a preamble and appendices. In addition to setting a framework containing fundamental rights and principles, as well as seafarers’ employment and social rights, articles address administrative issues for managing the document, such as entry into force, amendments and definitions. Titles are substantive content, and consist of regulations, standards (called Code A) and guidelines (Code B). Regulations set out the aims of each title, implemented in the way described in the code. Code A is mandatory, in that each ratifying country will be expected to change its legislation to be compatible with it. Substantial equivalence is allowed, so that national laws deemed to provide equivalent or superior protection to seafarers need not be changed. Code B contains a good deal of detail, but is only intended to provide guidance in implementing Code A and the regulations, and in that sense it is not mandatory. Code B is an innovation arising out of the MLC negotiation process, and facilitates the inclusion of recommendations and poorly ratified conventions without giving those instruments greater status than they in effect already have. From the IMO experience, the convention borrows a “tacit amendment procedure”, to allow the updating of aspects of the rules without a full meeting of the ILC. Negotiation participants considered this important because it is difficult to predict the impact of a convention as large 204
The ILO Maritime Labour Convention, 2006 – Lillie and complex as this one. Revisions may be necessary, and these would be very time consuming under the normal ILO process. Inspection and enforcement procedures draw heavily on the IMO and PSC experience, as well as referencing the earlier ILO Labour Inspection (Seafarers) Convention, 1996 (No. 178) (which in turn relied on IMO and PSC precedents in its formulation). 8 Important to the MLC’s impact will be the principle of “no more favourable treatment”, borrowed from IMO conventions, which ensures that port States can monitor compliance of ships flying FOC which are non-signatories, so that flag States, rather than having an economic incentive not to ratify and to be regulatory havens for non-compliant shipowners, have an incentive to ratify and to implement the MLC so that their shipping will not be singled out by PSC inspectors as problematic. ILO as an institutional setting for labour standards negotiations International relations scholars have shown that the bureaucratic and decision-making characteristics of international organizations have an effect on bargaining outcomes (Reinalda and Verbeek, 2004; Cox and Jacobson, 1973). This is evident in the tripartite structures of the ILO, where the social partners — unions and employers — tend to be the driving force behind legislation. Governments make up half the voting group, while each of the social partners is allocated one quarter of the vote each (2:1:1). Through a process resembling something between diplomatic negotiations and collective bargaining, the three groups negotiate conventions and recommendations. As with maritime conventions generally, the actual negotiation of the MLC document took place in preparatory meetings administered by the ILO Social Dialogue/Sectoral Activities Branch (SECTOR). After being negotiated in the SECTOR framework, maritime conventions then go to the full Maritime Session of the ILC, which meets approximately every 10 years, for a final discussion and formal vote. This is a special procedure. General conventions are negotiated and voted on in the ILC by representatives from national multi-sectoral and sectoral union federations, business associations and governments. 8 The Convention’s text, drafts, minutes of meetings, and various position papers are available at: http://www.ilo.org/public/english/dialogue/sector/sectors/mariti/consol.htm. 205
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CROSS-BORDER SOCIAL DIALOGUE AND AG
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Published by the International Inst
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Cross-border social dialogue and ag
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Contributors Dominique Bé, an econ
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Contributors Nathan Lillie is Assis
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Acronyms BWI Building and Wood Work
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Introduction Konstantinos Papadakis
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Introduction - Papadakis each with
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Introduction - Papadakis above. Thi
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Introduction - Papadakis tices unde
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Introduction - Papadakis role of co
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Introduction - Papadakis veaux enje
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Chapter 1 International framework a
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International framework agreements:
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Chapter 3 International framework a
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International framework agreements
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Part 3 Legal dimensions 113
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Appendix
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