The Paris MOU and its Impact on Social and Labor Standards on Board Ships
The Paris MOU, an agreement between European port states, plays a crucial role in enforcing social and labor standards on board ships. However, there are three key points that need to be emphasized regarding its implementation. 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 ILO 147, are enforceable by port states, while others are left to the flag state for resolution. This division ensures that port states focus on issues that directly affect the local peace, tranquility, and dignity, while flag states take responsibility for resolving other matters. 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 render a ship substandard. Conversely, does a substandard condition necessarily make a ship substandard? These questions highlight the need for further clarification and analysis of the standards and their implications. 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 there is no available data on this, 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 effective in addressing workplace safety and hygiene, may not fully address the concerns of seafarers themselves. In conclusion, the Paris MOU plays a crucial role in enforcing social and labor standards on board ships. However, there are certain aspects that need further examination and clarification, such as the division of responsibilities between port and flag states and the extent to which the MOU addresses seafarers' issues. By addressing these points, the Paris MOU can continue to improve its effectiveness in ensuring the well-being and rights of seafarers.