Analysing unseaworthiness with respect to settlement claims

  • Unique Paper ID: 168968
  • PageNo: 160-172
  • Abstract:
  • Seaworthiness is considered a fundamental concept in maritime law and has historically been a key element in contracts related to maritime freight transport. Unseaworthiness can lead to significant legal and financial ramifications for seafarers, particularly when it results in accidents, injuries, or loss of life. This study seeks to critically analyse unseaworthiness as a settlement claim for seafarers by examining existing legal frameworks, industry practices and from case studies. By devolving into the intersections of maritime law, labour rights, and the lived experiences of seafarers, this research aims to illuminate the gaps in current practices and propose actionable recommendations for reform. It is based doctrinal legal research which involve the legal principles and concepts from various sources like International conventions, Statues, Regulations other concepts from case laws and precedents. To evaluate the effects of unseaworthiness claims on seafarers, particularly regarding their ability to secure compensation for injuries, illnesses, and other damages the interpretation of the definition of unseaworthiness has significant implications for seafarers' rights to claim settlements. In recent years, the intersection of international labour standards and maritime law has gained prominence, particularly with the adoption of the Maritime Labour Convention (MLC) 2006. This convention aims to enhance the protection of seafarers’ rights, yet its efficacy in addressing unseaworthiness claims remains an area of ongoing debate. The complexities of jurisdiction, enforcement, and varying interpretations of maritime law across different nations contribute to the difficulties faced by seafarers in pursuing settlements.

Copyright & License

Copyright © 2026 Authors retain the copyright of this article. This article is an open access article distributed under the Creative Commons Attribution License which permits unrestricted use, distribution, and reproduction in any medium, provided the original work is properly cited.

BibTeX

@article{168968,
        author = {SRINITHI M S},
        title = {Analysing unseaworthiness with respect to settlement claims},
        journal = {International Journal of Innovative Research in Technology},
        year = {2024},
        volume = {11},
        number = {6},
        pages = {160-172},
        issn = {2349-6002},
        url = {https://ijirt.org/article?manuscript=168968},
        abstract = {Seaworthiness is considered a fundamental concept in maritime law and has historically been a key element in contracts related to maritime freight transport. Unseaworthiness can lead to significant legal and financial ramifications for seafarers, particularly when it results in accidents, injuries, or loss of life. This study seeks to critically analyse unseaworthiness as a settlement claim for seafarers by examining existing legal frameworks, industry practices and from case studies. By devolving into the intersections of maritime law, labour rights, and the lived experiences of seafarers, this research aims to illuminate the gaps in current practices and propose actionable recommendations for reform. It is based doctrinal legal research which involve the legal principles and concepts from various sources like International conventions, Statues, Regulations other concepts from case laws and precedents. To evaluate the effects of unseaworthiness claims on seafarers, particularly regarding their ability to secure compensation for injuries, illnesses, and other damages the interpretation of the definition of unseaworthiness has significant implications for seafarers' rights to claim settlements. In recent years, the intersection of international labour standards and maritime law has gained prominence, particularly with the adoption of the Maritime Labour Convention (MLC) 2006. This convention aims to enhance the protection of seafarers’ rights, yet its efficacy in addressing unseaworthiness claims remains an area of ongoing debate. The complexities of jurisdiction, enforcement, and varying interpretations of maritime law across different nations contribute to the difficulties faced by seafarers in pursuing settlements.},
        keywords = {Seafarers, Seaworthiness, Settlement claim , Unseaworthiness},
        month = {November},
        }

Cite This Article

S, S. M. (2024). Analysing unseaworthiness with respect to settlement claims. International Journal of Innovative Research in Technology (IJIRT), 11(6), 160–172.

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