Seafarer Rights in International Maritime Law: Enforcement Gaps and Comparative Institutional Effectiveness

Although there is the implementation of broad international conventions such as the Maritime Labour Convention (MLC, 2006). In the national aspect, infringement of the rights of the seafarers has been prevalent, and that reflects a disparity between international law and its implementation. In this paper the researcher evaluates the efficiency of the international maritime labor standards in the national application. It explores institutional issues that govern enforcement. Applying qualitative comparative legal and policy analysis. In this study the international conventions, the national maritime laws, and the port state control reports are examined. This paper identified the instances of violation of the rights of seafarers and as such those of China and other chosen developing maritime countries. The results indicate that global institutions offer appropriate normative securities. There is a disparity between the jurisdictional success of enforcement because regulatory capacity, institutional coordination, and institutional compliance differ across jurisdictions. China is more congruent with the international standards and has a more credible implementation in terms of port state control. Structural and administrative factors that impede the protection of seafarers exist in the developing states. The paper identifies the gap in implementation of maritime labor regulations and suggests guidelines of the policy which are relevant in the enhancement of effective adherence of the institutions in the global shipping segment and in enhancing the welfare of the seafarers.