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Article
Publication date: 15 December 2017

Yong Hwa Chia, Ivan CK Tam and Arun Kr Dev

The Maritime Labour Convention (MLC) embodies standards of existing international maritime labour conventions and recommendations, as well as the fundamental principles to be…

1931

Abstract

Purpose

The Maritime Labour Convention (MLC) embodies standards of existing international maritime labour conventions and recommendations, as well as the fundamental principles to be found in other international labour conventions. The aim of the convention is to address the employment standards of seafarers in the areas of fair wages, contractual terms, working and living conditions, as well as their health and safety on board ships. The purpose of this paper is to provide an in-depth study of MLC Regulation 3.1, specifically on the layout design of the accommodation spaces and possible solutions to meet the new demands as those will certainly affect the crew comfort, health and well-being on board ships.

Design/methodology/approach

The approach used includes a review of pre- and post-MLC conventions and regulations. This is then followed by looking at the impact of MLC Regulation 3.1 on new ship design. Possible solutions for new ship design are then proposed.

Findings

The findings from the paper were as follows: More flexibility in the form of non-mandatory guidelines and substantial equivalence under MLC. Under MLC, only Special Purpose Ship (SPS) is allowed to accommodate four persons in one room. The requirement for increased height and floor spaces would result in increased gross register tons (GT) for post-MLC built vessels. Impact due to post-MLC requirements would be more unfavourable for the design of smaller vessels below 500 GT than of bigger vessels of up to less than 3,000 GT. Possible solutions include applying for exemptions and substantial equivalents with flag states or registering with a non-ratifying flag state.

Originality/value

This paper has been based on a dissertation carried out for the partial fulfilment of a post-graduate degree. It has not been published in any journal.

Details

Maritime Business Review, vol. 2 no. 4
Type: Research Article
ISSN: 2397-3757

Keywords

Open Access
Article
Publication date: 26 July 2021

Wesley R. Teter and Libing Wang

The impacts of the COVID-19 pandemic have transformed the global outlook for international higher education. Given the rapid shift to online learning, the Tokyo Convention in the…

1299

Abstract

Purpose

The impacts of the COVID-19 pandemic have transformed the global outlook for international higher education. Given the rapid shift to online learning, the Tokyo Convention in the Asia-Pacific entrusted to UNESCO has become an important policy framework to facilitate regional collaboration, authoritative information sharing and recognition of qualifications across diverse modes of learning. This paper examines the role of the Tokyo Convention to establish an inclusive platform for monitoring and collaborative governance of mobility and internationalization based on fair and transparent recognition policies and practices in the Asia-Pacific.

Design/methodology/approach

In August 2019, a standardized survey instrument was sent by the Secretariat of the Tokyo Convention Committee at UNESCO Bangkok to competent recognition authorities in 46 countries in the Asia-Pacific, including the eight State Parties to the Tokyo Convention that ratified the Convention as of the reporting period. In total, qualitative data from n = 27 countries/states was received and analyzed to assess implementation of the Tokyo Convention throughout the region. The research design illustrates how normative instruments such as the Tokyo Convention are monitored and assessed over time.

Findings

A multi-stakeholder approach based on collaborative governance is needed to effectively monitor implementation and implications of the Tokyo Convention for diverse higher education stakeholders in the Asia-Pacific region.

Research limitations/implications

Implications include establishing baseline data and methods for monitoring implementation of the Tokyo Convention. Based on collaborative governance theory, the paper explores potential for a multi-stakeholder approach to promote mutual accountability in the Asia-Pacific and to develop mechanisms for inclusive participation in the governance of the forthcoming Global Convention on recognition.

Originality/value

As the first systematic review of its kind, this paper includes a unique dataset and insights into UNESCO's methodology to monitor implementation of standard-setting instruments for qualifications recognition in the Asia-Pacific.

Details

International Journal of Comparative Education and Development, vol. 23 no. 3
Type: Research Article
ISSN: 2396-7404

Keywords

Content available
Article
Publication date: 24 September 2020

Pengfei Zhang, Lijun Zhao, Olga Vata and Sriram Rajagopal

This paper aims to examine three of the major issues relating to the welfare of seafarers, including wages, social security benefits and onboard and ashore welfare facilities and…

3141

Abstract

Purpose

This paper aims to examine three of the major issues relating to the welfare of seafarers, including wages, social security benefits and onboard and ashore welfare facilities and services. It is impossible to research all countries here, so this paper selects Greece – which is one of today’s primary shipping countries as for shipowning, as well as for global supply and demand for seafarers – to conduct an empirical case study.

Design/methodology/approach

Based on the existing knowledge and scholarship, and primary data collected in several phases of fieldwork, this paper intends to critically examine three major issues relating to the welfare for Greek seafarers, namely, wages, social security benefits and onboard and ashore welfare facilities and services.

Findings

This paper finds that they face poor labour conditions, which are getting worse due to the depressed world and Greek economies and intense financial pressures on shipping companies. The entry into force of the Maritime Labour Convention 2006 has a significant impact on the world maritime industry.

Research limitations/implications

This paper critically examines the three major issues relating to the welfare of Greek seafarers.

Originality/value

Such issues, which Greece is facing are also common in other countries, so the findings and suggestions revealed from this paper are of importance for the global shipping industry and other states.

Details

Maritime Business Review, vol. 5 no. 4
Type: Research Article
ISSN: 2397-3757

Keywords

Open Access
Article
Publication date: 23 July 2019

Anna Schneider and Corinna Treisch

This paper aims to examine employees’ evaluative repertoires of tourism and hospitality jobs and segments them based on a set of job attribute preferences. Understanding the…

4882

Abstract

Purpose

This paper aims to examine employees’ evaluative repertoires of tourism and hospitality jobs and segments them based on a set of job attribute preferences. Understanding the social–cultural underpinnings of employees’ job preferences is vital if employers are to overcome the challenging task of finding and retaining talented employees in the tourism and hospitality industry.

Design/methodology/approach

A discrete-choice experiment with waiters, barkeepers, cooks and front-desk employees working in the Tyrolean tourism industry was conducted. Employees were categorized into distinct segments using a hierarchical Bayesian analysis and a cluster analysis.

Findings

Results show that flexible working hours and the ability to balance professional and private aspirations are the most important job attributes for employees. Overall, the evaluative repertoires of the “green” and “domestic (family)” conventions are most prevalent.

Research limitations/implications

This study contributes to literature on talent management by providing insights into employees’ evaluations of jobs and their evaluative repertoires embedded in the broader social–cultural context.

Practical implications

Industry representatives and employers can adapt their recruiting and retention strategies based on employees’ job preferences.

Social implications

Adapting job attributes according to employees’ evaluative repertoires helps to ensure the long-term sustainability of the industry workforce.

Originality/value

Applying the Economics of Convention (EC) perspective, combining organizational job attributes and socially embedded evaluative repertoires provides a new approach to analysing and understanding employees’ job preferences.

Open Access
Article
Publication date: 24 August 2021

Muhammad Saleem Korejo, Ramalinggam Rajamanickam and Muhamad Helmi Md. Said

This paper aims to focus on the concept of money laundering and explores the evolution and expansion of criminalization of predicate offences to the money laundering within the…

8658

Abstract

Purpose

This paper aims to focus on the concept of money laundering and explores the evolution and expansion of criminalization of predicate offences to the money laundering within the international anti-money laundering (AML) regime over the time. It proposes how to limit the size and scope of predicate offences in designing a balanced legal definition.

Design/methodology/approach

This paper opted a content analysis focussed on the criminalization aspect of offences to money laundering in the international AML regime under the United Nations Conventions (Vienna, Palermo and Corruption Convention) and Financial Action Task Force Standards.

Findings

This paper provides how the criminalization of money laundering has evolved and its definition expanded over the time. The international definition is widely drafted with wide range of predicate offences from proceeds of drug money to corruption, including terrorist financing and terrorist acts; however, the two phenomena – money laundering and terrorist financing are quiet distinct apart. This continual expansion of predicate offences quite leads legality issues such as over-criminalization and conflict with principles of criminal law. This paper suggests an approach to limit the size and scope of predicate offences to money laundering.

Practical implications

This paper includes implications for the development of a balanced approach in defining predicate offences through a qualitative limitation approach consistent with the minimalist theory of penalization of criminal law.

Originality/value

This paper attains an identified issue how the legal definition of the money laundering offence can be improved while considering rule of law and principles of criminal law concerns.

Details

Journal of Money Laundering Control, vol. 24 no. 4
Type: Research Article
ISSN: 1368-5201

Keywords

Open Access
Article
Publication date: 7 June 2021

Natalia Latuszek

The purpose of this paper is to analyse the divergence between the tasks and roles of convention bureaux (CB) in North America and Europe.

1255

Abstract

Purpose

The purpose of this paper is to analyse the divergence between the tasks and roles of convention bureaux (CB) in North America and Europe.

Design/methodology/approach

A survey among 55 CB’ managers was conducted. A total of 75% of respondents represented institutions operating in European cities, 25% – in North American ones. This research mainly focused on managers’ opinions about the importance of tasks and roles performed by CB and the degree to which the institutions manage to fulfil them. Therefore, importance-performance analysis was used in the study.

Findings

CB in North America and Europe broadly differ as to the characteristics of both groups of institutions. They include their time of operation, number of employees, annual budget and types of events that CB try to attract to the cities that they represent. There are no such differences when it comes to the importance and performance of institutions’ tasks and roles. The way in which managers evaluate them is quite similar because the respondents pay the closest attention to the roles of a marketer and an agent of a city played by a convention bureau. Differences lie in the meaning assigned by managers to the particular tasks of surveyed institutions.

Originality/value

The survey was carried out on a relatively small sample dominated by European institutions. However, the study attempts at investigating the roles and tasks of CB, with only few previous studies on this topic, including the ones comparing CB’ activity in different countries or on different continents. Moreover, proposed recommendations might be useful for a large group of managers and do not have to be limited only to institutions from Europe and North America.

Details

International Journal of Tourism Cities, vol. 7 no. 3
Type: Research Article
ISSN: 2056-5607

Keywords

Open Access
Article
Publication date: 7 September 2022

Bilate Bisare Bitire

The purpose of this paper is to critically investigate the Ethiopia’s climate change adaptation and mitigation regulatory frameworks and their congruency with the guiding…

1771

Abstract

Purpose

The purpose of this paper is to critically investigate the Ethiopia’s climate change adaptation and mitigation regulatory frameworks and their congruency with the guiding principles under the United Nations (UN) Climate Convention, to show the alignment of the regulatory frameworks with the UN Climate Change rules. Rising temperatures, erratic rainfall distribution, recurrent droughts and floods require robust climate change mitigation and adaptation policies and effective implementation in the country.

Design/methodology/approach

Through the doctrinal legal research method, the author has used a detailed analysis of primary sources, both national and international legislative enactments. Besides, the research has benefitted from secondary sources like research reports, online publications, scientific journals, international reports, books and journal articles.

Findings

The findings reveal that in Ethiopia, there is no national climate change-specific policy and legislation. Although there are scattered sectoral climate-related policies and strategies, they are not consistent with the principles of the United Nations Framework Convention on Climate Change (UNFCCC).

Originality/value

This study argues that having comprehensive specific climate change policy and legislative frameworks consistent with UNFCCC guiding principles could help to mitigate and adapt to the adverse effects of climate change in the country.

Details

International Journal of Climate Change Strategies and Management, vol. 15 no. 5
Type: Research Article
ISSN: 1756-8692

Keywords

Content available
Article
Publication date: 11 October 2021

Kadriye Bakirci and Graham Ritchie

The purpose of this paper is to provide an overview of evolving developments in international, regional and EU law including the UK and Turkish jurisdictions for the liability of…

Abstract

Purpose

The purpose of this paper is to provide an overview of evolving developments in international, regional and EU law including the UK and Turkish jurisdictions for the liability of corporate businesses for modern forms of exploitative labour practices described as the modern forms of slavery.

Design/methodology/approach

In the first part, this paper outlines international, regional and EU instruments, UK and Turkish jurisdictions in relation to modern forms of slavery. The second part reviews legal frameworks for corporate liability for modern forms of slavery.

Findings

Slavery, slavery-like practices or some other exploitative practices are prohibited by numerous international law instruments starting from 1904. Apart from old forms of defined exploitative practices, multiple relevant current exploitative practices, called contemporary or modern forms of slavery exist all over the world. Under various international or regional conventions signatory States have been held responsible for exploitative practices by the international or regional courts or supervisory bodies, yet businesses were largely overlooked as a participating partner in the global movement to eradicate modern forms of slavery. For many years, multi-national businesses have engaged with various voluntary international corporate social responsibility initiatives in response to demands to operate in a socially responsible manner. There is a growing global recognition of the role corporate businesses can and should play in tackling crime and exploitative practices. A number of initiatives at the international and EU level and the introduction of the California Transparency in Supply Chains Act, (2010 – effective from 2012), the UK Modern Slavery Act 2015, the French Act on Due Diligence of Corporations and Main Contractors 2017 (loi sur le devoir de vigilance), the Australian Commonwealth Modern Slavery Act 2018, the Dutch Child Labour Due Diligence Act 2019, (which is due to come into effect in mid-2022), reflect this recognition.

Originality/value

This paper argues that it is important for companies to use available tools, participate in joint initiatives and advocate for binding international and regional instruments and effective national legislation and action – all aimed at ending business involvement in modern forms of slavery.

Details

Journal of Financial Crime, vol. 29 no. 2
Type: Research Article
ISSN: 1359-0790

Keywords

Open Access
Article
Publication date: 10 May 2019

Ibrahim Sief Abdel Hameed Menshawy

This paper aims to explore the evolution of the notion of peremptory norms (Jus Cogens) in international law through the work of the International Law Commission on unilateral…

5614

Abstract

Purpose

This paper aims to explore the evolution of the notion of peremptory norms (Jus Cogens) in international law through the work of the International Law Commission on unilateral acts.

Design/methodology/approach

The study depended on analyzing the work of the International Law Commission on two topics: Unilateral Acts 2006 and Reservations to treaties 2011 to reveal the relation between jus cogens and unilateral acts.

Findings

Jus cogens restrict unilateral acts like treaties due to the recognition of the importance and necessity of the concept of Jus cogens in protecting the fundamental interests of the international community.

Practical implications

States must be compatible with jus cogens when making any reservation on a treaty and also when taking any unilateral act.

Originality/value

This paper reveals the importance of jus cogens in promoting the values of the international community and the need of such notion to protect the common interest of that community.

Details

Review of Economics and Political Science, vol. 4 no. 3
Type: Research Article
ISSN: 2356-9980

Keywords

Content available
Article
Publication date: 28 January 2020

Hatice Akpinar and Bekir Sahin

The purpose of this study is to fill the gap and apply a fault tree analysis (FTA) in detention lists of Black Sea Region published port state reports from 2005 to 2016. The study…

1302

Abstract

Purpose

The purpose of this study is to fill the gap and apply a fault tree analysis (FTA) in detention lists of Black Sea Region published port state reports from 2005 to 2016. The study analyzes valid records of 2,653 detained ships with 6,374 deficiencies based on a strategic management approach. This paper sets up FTA technique to assess the detention probability of a random ship which calls the Black Sea Region with the help of detention lists published within subject years.

Design/methodology/approach

This paper is not published elsewhere, and it is based on an original work, which figures out detention probability of a regular ship at Black Sea Region port state control from published lists of Black Sea Memorandum of Understanding (MoU). By utilizing these detention lists, a generic fault tree diagram is drawn. Those probabilities could be used strategically with the most seen deficiencies in the region which all could guide the users, rule makers and the controllers of the maritime system.

Findings

FTA has conducted based on the data which was collected from website of BS MoU detention lists that published from 2005 to 2016. Those lists have been published on monthly basis from 2011 to 2016 and on quarterly basis from 2005 to 2010. Proper detention records have been included into the research, whereas some missing records were excluded. Subject lists have been harmonized and rearranged according to Black Sea MoU Detention Codes which was published on October 2017 at Black Sea MoU’s website. According to BS MoU Annual Reports, 58,620 ships were inspected from 2005 to 2016 as seen in Table 1. Those ships were inspected by each member country’s PSOs in the light and guidance of predefined selection criteria of the region. Detention frequency of inspected ships detected as 0.103116 which explains any ship that called any port in the Black Sea Region could be 10% detained after inspected by PSO. Also, each intermediate event-calculated frequency enlightens the probabilities of nonconformities of ships. Although those deficiencies show structural safety and security nonconformities, those probabilities also prove us that management side of the ships are not enough to manage and apply a safety culture. By the light of that, ship owners/managers could see the general nonconformities according to regional records and could manage their fleet and each ship as per those necessities.

Research limitations/implications

In the light of the above analysis, the future research on this subject could be studied on other regions which might enable a benchmark opportunity to users. Also, insurance underwriters have their own reports and publications that could clarify different points of view for merchant mariners and regulators. In this research, FTA is used as a main method to figure out the root causes of the detentions. For future researches, different qualitative and quantitative methods could be used under the direction of subjects.

Practical implications

Detention frequency of inspected ships detected as 0.103116 which explains any ship that called any port in the Black Sea Region could be 10% detained after inspected by PSO. Also, each intermediate event-calculated frequency enlightens the probabilities of nonconformities of ships. Although those deficiencies show structural safety and security nonconformities, those probabilities also prove us that management side of the ships are not enough to manage and apply safety culture. By the light of that, ship owners/managers could see the general nonconformities according to regional records and could manage their fleet and each ship as per those necessities.

Social implications

With the nature of carriage, shipping business carry out its essential economic attendance in world trade system via inclusion in national and international transportation. As a catalyst in international trade, shipping itself enables time, place and economic benefits to users (Bosneagu, Coca and Sorescu, 2015). Social and institutional pressures generate shipping industry as one of the most regulated global industries which creates high complexity. Industry evolved to multi-directional structure ranges from international conventions (IMO and ILO) to “supra-national interferences” (EU directives), to regional guidance (MoUs) to national laws (flag states). Ship operators endeavor to adopt/fit its industry environment where rules are obvious. With adaptation of industrial environment, ship operators are able to create an important core competency.

Originality/value

This study enlightens the most recorded deficiencies and analyzed them with the help of fault three method. These calculated frequencies/probabilities show the most seen nonconformities and the root causes of detentions in the Black Sea Region in which those results will be benefited strategically that enables a holistic point of view that guide the owners/managers, charterers/sellers/shippers, classification societies, marine insurance underwriters, ship investors, third parties, rule makers and the controllers of the system to apply safety culture.

Details

Maritime Business Review, vol. 5 no. 3
Type: Research Article
ISSN: 2397-3757

Keywords

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