Search results for " Flag State"
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Il dovere di soccorso in mare e il diritto di obbedire al diritto (internazionale) del comandante della nave privata
2019
Shipmasters are commonly considered the addressees of an international legal duty to rescue at sea. This article describes the evolution of international law in this field, from the first maritime conventions of the 1910's to the IMO Safety Committee's resolutions of the 2010's. It then argues that behind the duty to rescue there is a hidden right of the shipmaster. This right has a moral pedigree and is functional to the full compliance of the duty itself. It can be enforced in the national legal order against any State (or private entity) that tries to obstruct the shipmaster's activities of assistance or to penalize her or him for the assistance given. National judges enforce this right …
Convenio sobre el trabajo marítimo 2006 (MLC, 2006)
2019
The essay analyses 2006 Convention on maritime work, and it highlights its original characteristics within ILO sources: firstly, the Convention systemises the fragmented scenario of conventions and recommendations on maritime workers’ rights. Secondly, it is characterised by a strong effectiveness, especially having regard to repatriation and to Flag State and Port State controls, not limited to ships flying a flag of a ratifying State. In any case, some weaknesses persist, such as the lack of recognition of the right to strike and a very generic regulation of shore leave. El ensayo analiza el Convenio sobre trabajo marítimo de 2006, y pone de manifiesto su originalidad dentro del marco de …