The Research On Legal System Of Protection For Repatriation Of Abandoned Seafarers

Working on shore, it is too difficult to imagine the problems faced by seafarers. Once sailing, they are at the mercy of shipowners for their most basic needs. Still today, in the twenty-first century, seafarers find themselves stranded far from home and unable to leave, without money or any financial support, frightened by the rapidly dwindling supplies on their ship. Abandonment of seafarers is a serious violation of human rights to which the international community has paid attention. To ensure the implementation of seafarers’ rights of repatriation, the latest amendment of Maritime Labour Convention 2006 has been delivered which provides the flag state shall ensure that a financial security system meeting the requirements of this standard is in place. This amendment shall come into force on 2017 in principle.China has not ratified Maritime Labour Convention 2006. Considering the increase of accession countries and "no more preferential treatment" principle, our country has tended to join the Convention in the near future. However the existing legislation and practice of protection for the repatriation of seafarers can’t meet the requirements of Maritime Labour Convention 2006 to which China should paid great attention.This thesis explores the relative provisions and recent efforts of the international community in tackling the problem of abandonment of seafarers, analyzing the financial security system in the form of a national fund or insurance to give suggestions to construction of our country’s legal system of protection of abandonment of seafarers’ repatriation right. The thesis is divided into four chapters except the introduction and concluding remarks. The first chapter is the introduction for the repatriation of abandoned seafarers and the second chapter concentrates on the international practices. The third chapter is about the current condition of legislation and practice of China and the fourth chapter is the suggestion to construct our country’s legal system of protection for repatriation of abandoned seafarers.