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Policy Analyses on Wages Protection of Seafarers Held Hostage by Pirates
Author(s) -
Li Zhang,
Ting-Wei Chen,
Xiaoxing Zhang,
Pengfei Zhang
Publication year - 2021
Publication title -
maritime technology and research
Language(s) - English
Resource type - Journals
ISSN - 2651-205X
DOI - 10.33175/mtr.2021.248808
Subject(s) - entitlement (fair division) , ransom , law , payment , convention , business , political science , economics , finance , mathematical economics
The issue of piracy against merchant vessels still poses a significant threat to world shipping, and people onboard continue to be targeted and held hostage by pirates for ransom. Seafarers expect and deserve to continue receiving wages if held by pirates. However, this entitlement is still blurred in the current legal framework and the maritime industry practice. Traditionally, it was argued that seafarers held hostage by pirates did not have a right to continued payment of their wages. The world maritime community has made significant effort to reform the law and to address the need to protect the wages of seafarers. Amendments of 2018 to the Maritime Labor Convention 2006 (MLC 2006) was adopted aiming to ensure that while seafarers are held captive as a result of piracy or armed robbery, seafarer employment agreements (SEAs) remain in force and they must continue to be paid. While it was a significant move forward, there are no provisions of compulsory financial guarantees on captive seafarers’ wages in the Amendments. Through policy analysis on captive seafarers’ wages, it is argued that Amendments 2018 are not an adequate guarantee of wages of seafarers held hostage by pirates and true reforms are still far away.

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