Authors: Hilton Staniland
Addresses: Southampton Law School, University of Southampton, Highfield Campus, Southampton SO17 1BJ, UK
Abstract: In this paper, it is argued that seafarers held hostage by pirates do not have a right to the continued payment of their wages under international conventions. Under English law it is contended that the entitlement to wages exists in some limited circumstances, but in many other circumstances is uncertain, inadequate or non-existent. The need to protect the wages of seafarers and to reform the law is therefore argued. Taking into account the spread of piracy and the fast evolving 'business models' of piracy, draft legislation that is already being considered in one state is proposed as a possible legislative guide for other states.
Keywords: piracy; seafarers; entitlement to wages; Maritime Labour Convention; MLC; hostages; maritime lien; action in rem; law reform.
International Journal of Public Law and Policy, 2013 Vol.3 No.4, pp.345 - 366
Received: 08 May 2021
Accepted: 12 May 2021
Published online: 21 Aug 2013 *