TOWARDS A CRITERION FOR STATE THE APPLICABLE LAWON MARITIME LABOUR: THE LIABILITY OF THE SHIPOWNER TO REGULATIONS 883/2004

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DOI:

https://doi.org/10.12795/e-RIPS.2016.i01.03

Abstract

The Maritime Labour relations are characterized by characters that have led to the need to develop instruments, which regulate the rights of seafarers. Among the most prominent singularities is the centre of work: the vessel. Their case series for navigating the waters of various States has made it difficult to locate a connection point to determine the applicable law. This is key point to know who should guarantee the social protection of the worker, and it is the instrument to concretize the liability of the shipowner. One of the principles that characterize social security is the criterion of territoriality. This criterion is complex to move the maritime labour relations by several factors: the vessel is not an extension of the territory of the State where the ship-owner has registered it. The principle of territoriality, in the traditional form, has been transferred to the labour relations with the criterion of the law of the flag State which gives nationality to the vessel.

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Author Biography

Francisca Bernal Santamaría, University of Cádiz

Profesora de Derecho del Trabajo y de la Seguridad Social

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Published

2016-04-06

How to Cite

Bernal Santamaría, F. (2016). TOWARDS A CRITERION FOR STATE THE APPLICABLE LAWON MARITIME LABOUR: THE LIABILITY OF THE SHIPOWNER TO REGULATIONS 883/2004. E-International Review on Social Protection, 1(1), 56–70. https://doi.org/10.12795/e-RIPS.2016.i01.03

Issue

Vol. 1 No. 1 (2016)

Section

DOCTRINAL ARTICLES

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