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Legal Action

Spinnaker Cautions Shipping Employers Over Foreign Workers' Rights

Maritime recruitment specialist, Spinnaker Consulting has warned shipping firms that they could face legal action if they do not apply UK standards to foreign workers. Overseas workers who spend some working time in the UK qualify for the same employment protection rights as resident UK workers. Writing in the latest issue of Changing Course, Spinnaker's monthly e-mail newsletter, managing director Phil Parry says, "A London employment tribunal ruled last month that foreign workers can claim rights under English employment law if they have spent some of their time working in the UK. This will undoubtedly affect some shipping employers." The decision arises out of legal changes made in 1999 implementing an EU directive on the posting of workers. Workers need no longer 'ordinarily' work in the UK to qualify for protection under the Employment Rights Act 1996, and the Sex Discrimination Act of 1986 now applies in all cases unless a person works wholly outside Britain. Parry says, "To avoid legal action, shipping employers should ensure that they apply the same employment standards to their overseas workers spending some of their time working in the UK as they do to those ordinarily resident and working in the UK."


Daewoo Shipbuilding Files Suit

Financially-troubled Korean shipbuilder Daewoo Shipbuilding & Marine Engineering Co. has reportedly filed a lawsuit against the Korean Ministry of National Defense after it apparently was not selected for a $1 billion military submarine contract. Hyundai Heavy Industries Co., is the apparent winner for the project, pending legal action. The filing will delay the submarine project, which was to start next month and run until 2009.


Daewoo Shipbuilding Files Suit

Financially-troubled Korean shipbuilder Daewoo Shipbuilding & Marine Engineering Co. has reportedly filed a lawsuit against the Korean Ministry of National Defense after it apparently was not selected for a $1 billion military submarine contract. Hyundai Heavy Industries Co., is the apparent winner for the project, pending legal action. The filing will delay the submarine project, which was to start next month and run until 2009.


CITIC Starts Court Proceedings Against Qingdao Port Operator

  China's CITIC Resources Holdings Ltd has begun court proceedings against the operator of a bonded warehouse at Quindao port as legal action ramps up following an investigation into metals financing fraud at the world's seventh busiest port. CITIC Resources said last month it had been unable to secure around 120,000 tonnes of alumina, more than half of the alumina stocks it had title to that were stored at the port pending payment by buyers and delivery.


Shipowner's Financial Woes Strand Seafarers for Six Months

Photo credit ITF

Moroccan seafarers finally head home after owners abandoned their ships, but wages still unpaid Moroccan seafarers left stranded in Spain after the ferry company they were working for ran into financial trouble have finally been repatriated after six months. The ITF (International Transport Workers Federation) initiated a solidarity campaign earlier this year after workers from the ITF-affiliated Moroccan Workers’ Union (UMT)


Macao Court Ruling Favors LVS

Las Vegas Sands Corp. announced that the Macao Intermediate Court has removed an interim injunction that had suspended the company's entitlement to operate a ferry service between Hong Kong and Macao. The CotaiJet service had been operating for just over a week and was offering service between Hong Kong's Macao Ferry Terminal at Shun Tak Centre and Macao's newly opened Taipa Temporary Ferry Terminal when it was suspended in mid-December.


ABS Fires Back Over Prestige Claims

ABS has instituted legal action against the Government of Spain seeking recovery for any claims made against the classification society for damages arising from the Prestige casualty. The ABS action is an aggressive response to the suit filed against the not-for-profit classification society by the Government of Spain seeking more than $700 million in damages for the pollution caused by the sinking of the tanker. In a concurrent action


Professor in Hot Water for Hosting Costa Concordia Captain

Costa Concordia aground (Photo: WikiCommons)

A professor who invited the disgraced captain of the capsized Costa Concordia to speak at a criminology seminar has been referred to the ethics committee at Rome's La Sapienza University, the university said on Wednesday. Professor Vincenzo Mastronardi held the seminar last month reconstructing the January 2012 shipwreck in which 32 people died, complete with 3D graphics and comments from the ship's captain Francesco Schettino, the university said.


EU Outlines Fight against Piracy

Piracy in the Western Indian Ocean has been a growing threat to security, international shipping and development since the mid-2000s. While bearing all aspects of organized crime, piracy is a complex issue that can only be overcome by combining political and diplomatic efforts with military and legal action, development assistance and strong international coordination. With all these tools at its disposal, the European Union (EU) is in a unique position to contribute to international efforts


Philippines and Vietnam Form Maritime Alliance

Vietnams Deputy Prime Minister and Foreign Minister Pham Binh Minh and Philippine Foreign Affairs Secretary Albert F. del Rosario (Pic: The Philippines Department of Foreign Affairs)

Vietnam and the Philippines, which have long-standing territorial disputes in the South China Sea, are forming a strategic partnership, reports the National Interest.  Taipei and Manila have signed an agreement spelling out how to settle future law enforcement problems in the shared 250-kilometer-wide Luzon Strait, where fish abound but territorial waters overlap.   Worried over the rise of China and, in particular


Petrobras, SBM Offshore, Brazilian Authorities Reach Settlement

Logo Courtesy SBM offshore

The Ministry of Transparency, Oversight and Control (Ministério da Transparência, Fiscalização e Controle - "MTFC"), the Public Prosecutor's Office (Ministério Público Federal - "MPF")


Filipino Fishermen Still Blocked from Scarborough Shoal

China's coastguard has prevented Filipino boats from fishing around the hotly contested Scarborough Shoal, Philippine officials said on Friday, after Beijing kept a promise to ignore a court ruling voiding its vast South China Sea claims.  


China Loses on South China Sea Ruling

The United States urged all parties to avoid provocative statements or actions after an arbitration court ruled on Tuesday that China has no historic title over the waters of the South China Sea.   "The decision today by the Tribunal in the Philippines-China arbitration is an


WWF-Canada Brings Lawsuit Against Shell on Arctic

Two narwhal (Monodon monoceros) surfacing to breathe in Admiralty Inlet, Lancaster Sound, Nunavut, Canada. Photo: WWF-Canada

 WWF-Canada, represented by Ecojustice lawyers, is taking legal action to quash Arctic oil and gas exploration permits that continue to obstruct conservation efforts in Lancaster Sound, Nunavut.   The environmental group believes they “continue to obstruct conservation


How Politics Impacts OPA 90 Responder Immunity

Steven Candito

Many people today are frustrated with the current U.S. political process as we endure various government stalemates on budgets, Supreme Court appointments, and, of course, the Presidential election. The general theme is voters are angry with the political establishment and, as a result


A Hundred Chinese Boats Encroach in Malaysian Waters

About 100 Chinese fishing boats have been detected encroaching in Malaysia's waters in the disputed South China Sea, Malaysia's state news agency and a coastguard official said on Friday.   The reported encroachment on Thursday is the latest action by Chinese vessels to raise concern in


A Hundred Chinese Boats Encroach in Malaysian Waters

Map by San Francisco Bay Area Independent Media Center

 Malaysia has said that more than 100 Chinese fishing boats have been spotted within its Exclusive Economic Zone (EEZ) off Sarawak in the latest incident involving Chinese vessels in the disputed waters.   The boats were sighted near Beting Patinggi Ali, also known as Luconia Shoals


Turkish Authorities Intercept Hundreds of Migrants Trying to Cross Aegean

Turkish authorities intercepted hundreds of migrants trying to reach the Greek island of Lesbos on Friday, in a major operation involving coastguard ships and helicopters, as European leaders clinched an agreement with Ankara to halt illegal migration.  


BP Escapes US Lawsuits Over Post-Gulf Spill Drilling Ban

BP Plc does not have to face U.S. lawsuits by energy and drilling companies over losses they suffered from an offshore drilling ban imposed soon after the 2010 Gulf of Mexico oil spill, a federal judge ruled.   U.S. District Judge Carl Barbier in New Orleans agreed with BP that federal law


Statoil Ends COSL Innovator Rig Contract

COSL Innovator Troll. Pic by COSL

 Norway’s Statoil ASA  has decided to end its contract with a drilling rig operated by China Oilfield Services Limited, or COSL, three months after a worker died when the rig was hit by a wave during a storm in the North Sea.   


EU to Fight Spanish Ship Finance Scheme

Regulators cracking down on national schemes which benefit some; more legal battles ahead with Luxembourg, Dutch tax appeals. EU state aid regulators are looking to Europe's top court to back their decision against a Spanish tax lease scheme for shipbuilders


IMRF: People in Distress Should be Rescued by All Vessels

Bruce Reid (Photo: IMRF)

Recent reports that some would-be rescuers do not fully understand the legal context of rescue at sea, and may have been deterred from helping people in distress because of possible legal action by local authorities seeking to counter trafficking activity are misplaced


U.S., Alaska End Exxon Valdez Legal Action

The Exxon Valdez remains in place in Prince Williams Sound, Alaska after running aground on Bligh Reef March 23, 1989, spilling 11 million gallons of crude oil (USCG photo)

U.S. and Alaskan authorities have ended their efforts to seek additional damages from Exxon Mobil Corp over the 1989 Exxon Valdez oil spill and the subsequent settlement, the Department of Justice said on Thursday. The department said in a statement that it is "bringing to a close the


IMO Welcomes UN Resolution on Migrant Smuggling

“There is a clear recognition among IMO Member States that using the SAR system to respond to mass mixed migration was neither foreseen nor intended, and that although Governments and the merchant shipping industry will continue rescue operations, safe, legal, alternative pathways to migration must be developed, including safe, organized migration by sea, if necessary”

  IMO Secretary-General Koji Sekimizu has welcomed the adoption by the United Nations Security Council of a UN Security Council resolution which authorizes Member States to intercept vessels suspected of migrant smuggling off the Libyan coast.


Maritime Tribunal Rejects Plea to Free Italy's Marines

An international maritime tribunal on Monday rejected Italy's request that India provisionally release two marines accused of killing two Indian fishermen, a setback for the Italian government after a three-year legal battle. However the International Tribunal for the Law of the Sea in Hamburg






 
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