Safety first: Reconstructing the concept of seaworthiness under the maritime labour convention 2006

The concept of seaworthiness has evolved over many years, and in common with similar concepts (for instance, the definition and application of “prudent seamanship”), its precise meaning has varied considerably. In this context, the Maritime Labour Convention 2006 (MLC 2006) can be regarded as focusing the concept in a manner that is not found elsewhere (whether in treaties or in case law). The implementation of the Convention will change shipowners' obligations to ensure ship safety and constitute an essential element of the standard of seaworthiness. Moreover, it is submitted that the MLC 2006 shifts the centre of emphasis in a manner that is both focused and necessary. These changes are tracked and critically examined in this paper and conclusions are submitted based on the relevant analysis.