Best of the Transparent Hummingbird
seafarer 3 years without seeing port, you are not considered a seafarer
say you’re a ship engineer and work on a container vessel, you are a seafarer but if you now work for a fishing vessel — even if you’re the chief engineer, a cook, nothing to do with fishing you would be a fisherman and not a seafarer and not protected under the
seamen’s mission unregulated fishing and illegal fishing but also fish stock but
beginning to realise from my shipping regulations class that fishery workers are some of the worst treated in the world.
today we had a guest speaker from the international seamen’s mission who brought human trafficking reports from the environmental justic foundation and traffickin
and dangerous abandoned contracts
german — he thought that it is a small problem and wetsren countries can sort ti out 2 years 30million people
- enslavement but complaints cannot happen becos they do nt allow them to elave at port illegal recruiting companies, and contracts with unfair terms, not work injury compensation (despite the bad conditions health issues and dangersou conditions — no medical attention, not going to port)
camboida has now banned cambodian to hire on a fishing vessel
sharks fin i’ve been against finning and i stopped eating sharks fin since 1999. but but fisher — finning process - dangeous to them
in a way this is no different from unf — our maids from indonsia, myanmar, phillipines
but a maid can runaway in singaopre to an embassy out on the seas there is no law contats are not honoured people
flags of convenience are
four years of singapore
they will find the money and singapore can host it
it is a tiny shed — open == and $1500 — not able to clean toilets reoved and use drinking water is rationed by only sea water
3 years this is a contract in singaproe 150usd, 50 paid in cash on board, balance givien in lump sum at end of 300 contract but what you need on board is not free — inlcuding cigarettes, snack food,
it is a shed, a quite small one, and it doesnt even have walls — it is an open shed with plastic curtains. Seafarer�s Welfare Centre (SWC) at Jurong Fishery Port is to provide welfare assistance to migrant fishermen and workers who do not have legal work or stay visas in Singapore.
It will also be positioned as a preventive solutio
mean t to allow them to lodge complaints, get foo dna water, something like phone calls in isngapore you cannot get a sim card without registration
providing sim cards
us-sin reltaionsihp they cannot come on shore — two categories of seafareres who cannot come on shore in singapore fisherman (who are to be tehcnical not sefarers by defintiion) and seafarers from iranian nationality only master of vessel gets a cut of profit, sharkbones is so high shark fin money goes directly to the seafarer bones
150000, 25000 no electricity generator
no toiler fresh atwre electicyt after 4 years
there is no singaporean crew on board, the vessel is not singapore =flagged, there is no singapore company involved (well, except for the mannign — step up marine fear of master 2 sentence dis rule by fear and division
aids rape — tried to provide free condoms — but they would rather sell it
often the masters mostly are japanese taiwanese and chinese not so much korean ghost shp off australia, fuly loaded with top quality but rotted tuna illegal immigrants - fishers who have jumped aboard and swim ashore - some of them they are married to local women and have been there for years but they are afr of being caught becos they get sent back to fishing vessels
fishing convention - only 4 countries — it might take another 100 yers to enforce
fhising is not under PSA and MPA but under agriculture (AVA) AVA is interested in whether iported fish is safe for consumption but unlike MPA and PSA they know very littel about shipping or seafaring AVA officers and ICA have huge sympathy for the fishers whom they can see are suffering and try to be helpful but hands are tied for instance, they make allowances that are not strictly legal — they are allowed to come as far on land and they make space fo them to play footballl enter centre but if you dun hole passpot vesel is extra-territorial based on flag — so sg cannot
shiping ppl know salary goes directly to fmaily on land but in fishery business
first year free - pay back agent fee and company 2nd year you make for the first time
waht you need on board
singapore
cannot get a sim card becos you need passport to register but passports if your’e a seafarer you can get your passport for shore leave and then get a sim card but fishers can’t — they do not allow shore leave in case they run away strict enfrocement countries like singapore make it worse fo them — they are simply not allowed to go ashore so you cannot
sleeping conditions cabin shocking lower bunks not even eoguht space to sit upright without hunching over 18 hour day heavy fines 30 crew in a ave shipping vessel fleet
24 on huge container vessel crew
flags of convenience singapore also has an open registry — if we did not we would be a small flag state indeed — but we are not — singapore would enforce domestic legisltaiton and international obligsitona
but reservations cannot defeat the point of the treaty a majority of states much be ok with the reservation entered but if you enter a reservation you cannot use the same provision yo’ve made reservations in re to other countries even if those countries have made no reservations
so look if the treaty itself permits reservations or reservations only in re to abc but some might not say anythikng so countries can reserve and other countires take positions , either accept or negate them
vienna conv — need to be n writing but some societies don’t use writing action and customs can over time create expectations (sim to legit expectations in pub law?)
SCOTUS decided — state practice
treaty afte treaty with the same principle can also become a custom what is needed to claim a treaty has become a custom - consistency among
problem of nationalisation
compensation is
dispute arises usually us-mexico
reslution is not itself a creator of obligations but is reflecting of customary ins we objected