The Paris MOU and the Enforcement of Social and Labor Standards on Ships
The Paris MOU, an agreement between European port states, plays a crucial role in enforcing social and labor standards on ships. However, there are three key points that need to be emphasized in understanding the implications of this agreement. Firstly, the Paris MOU defines the 'internal economy' rule, which determines the jurisdiction of port states over ships in port. According to this rule, matters related to the internal economy of a ship, such as social and working conditions, are divided into two categories. Violations of certain standards, as outlined in the International Labour Organization (ILO) 147 conventions, are enforceable by port states. However, other violations are better left to the flag state to resolve. This distinction ensures that port states focus on issues that directly affect the local peace, tranquility, and dignity, while flag states take responsibility for resolving other violations. Secondly, the definition of a substandard ship under the Paris MOU does not include vessels that have substandard conditions related to ILO 147 appendix conventions not covered by the main control regime of the MOU. This raises the question of whether there are standards in these conventions that, if breached, do not automatically render a ship substandard. Conversely, does a substandard condition necessarily make a ship substandard? Clarifying these distinctions is essential in effectively enforcing social and labor standards. Lastly, it is important to consider the percentage of ILO 147 standards violations that are accounted for by appendix conventions not actively enforced by the Paris MOU regime. While specific data on this aspect is not available, existing literature suggests that a significant number of seafarers' problems, particularly those related to wages, repatriation, and wrongful dismissal, fall under the exclusive domain of flag state control. This indicates that the Paris MOU, while successful in addressing workplace safety and hygiene, may not fully address the concerns of seafarers themselves. In conclusion, the Paris MOU plays a vital role in enforcing social and labor standards on ships. However, it is important to understand the nuances of its jurisdiction, the definition of substandard ships, and the extent to which it addresses seafarers' issues. By considering these factors, we can ensure effective enforcement of social and labor standards in the maritime industry.