Why does there sometimes appear to be Some duplication between the regulations and Part A of the code of the ILO convention?

Considering that you have already understood the novel features of the new ILO (International Labour Organisation) Convention. Its easy to understand that The Regulations, which will be approved by parliaments or legislatures during the national ratification processes, not only set out the basic rights of seafarers but also govern the content of the Code, including its possible future content after amendment under the accelerated procedure. Every provision of Part A of the Code must come within the general scope of the Articles or Regulations to be valid. This requirement sometimes leads to a measure of duplication. Will the Convention also require ratifying countries to apply the ILO’s core human rights Conventions or other Conventions mentioned in the new Convention?

No, but they will – under Article III of the Convention – have to satisfy themselves that their laws and regulations respect, in the context of the Convention, the fundamental rights, such as freedom of association, that are embodied in the core Conventions (there would be no requirement concerning the actual provisions of those Conventions).

The fact that other international Conventions are referred to in the Preamble or other parts of the Convention does not create a legal obligation, with respect to those Conventions, for a country that ratifies the Maritime Labour Convention, 2006.


Leave a Comment