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https://doi.org/10.21256/zhaw-31163| Publication type: | Article in scientific journal |
| Type of review: | Peer review (publication) |
| Title: | Wage demands and fair working conditions of seafarers on cargo ships under a flag of convenience : establishment of a place of jurisdiction in Switzerland |
| Authors: | Vögeli Galli, Nicole Rossell, Ainhoa |
| et. al: | No |
| DOI: | 10.11648/j.ijls.20240702.13 10.21256/zhaw-31163 |
| Published in: | International Journal of Law and Society |
| Volume(Issue): | 7 |
| Issue: | 2 |
| Page(s): | 76 |
| Pages to: | 92 |
| Issue Date: | 19-Jun-2024 |
| Publisher / Ed. Institution: | Science Publishing Group |
| ISSN: | 2640-1894 2640-1908 |
| Language: | English |
| Subjects: | Employment law; Flag of convenience (FOC); International civil procedure law; Jurisdiction by necessity; Maritime transport; Seafarer; Place of jurisdiction; Piercing the corporate veil |
| Subject (DDC): | 340: Law |
| Abstract: | This article addresses the question of whether seafarers, regardless of the ordinary international jurisdictions in the country of ship registration or at the domicile of their employer, have a jurisdiction in Switzerland at their disposal to be able to enforce their rights effectively. The significance of maritime trade routes cannot be overstated, and demand continues to be strong. At the same time, many seafarers suffer from precarious working conditions, being often unable to enforce their wage demands and other claims. A key problem is the registration of vessels in flag of convenience (FOC) states which generally lack an effective judicial system or where access to justice may be constrained. Many shipping companies that profit greatly from maritime transport are domiciled in Switzerland, allowing the conclusion that jurisdiction in Switzerland can be established by piercing the corporate veil or, subsidiarily, asserting jurisdiction by necessity. Reasons that justify the registration in an FOC state are hardly apparent and the liability of a benefiting Swiss group company and thus a place of jurisdiction in Switzerland can well be justified. In any case, Switzerland has enshrined the jurisdiction by necessity in positive law and a too restrictive handling by Swiss courts could violate the human right of free access to justice. |
| URI: | https://digitalcollection.zhaw.ch/handle/11475/31163 |
| Fulltext version: | Published version |
| License (according to publishing contract): | CC BY 4.0: Attribution 4.0 International |
| Departement: | School of Management and Law |
| Organisational Unit: | Institute of Enterprise Law (IUR) |
| Appears in collections: | Publikationen School of Management and Law |
Files in This Item:
| File | Description | Size | Format | |
|---|---|---|---|---|
| 2024_Voegeli-Rossell_Wage-demands-fair-working-conditions_cargo-ships_IJLS.pdf | 467.53 kB | Adobe PDF |  View/Open |
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Vögeli Galli, N., & Rossell, A. (2024). Wage demands and fair working conditions of seafarers on cargo ships under a flag of convenience : establishment of a place of jurisdiction in Switzerland. International Journal of Law and Society, 7(2), 76–92. https://doi.org/10.11648/j.ijls.20240702.13
Vögeli Galli, N. and Rossell, A. (2024) ‘Wage demands and fair working conditions of seafarers on cargo ships under a flag of convenience : establishment of a place of jurisdiction in Switzerland’, International Journal of Law and Society, 7(2), pp. 76–92. Available at: https://doi.org/10.11648/j.ijls.20240702.13.
N. Vögeli Galli and A. Rossell, “Wage demands and fair working conditions of seafarers on cargo ships under a flag of convenience : establishment of a place of jurisdiction in Switzerland,” International Journal of Law and Society, vol. 7, no. 2, pp. 76–92, Jun. 2024, doi: 10.11648/j.ijls.20240702.13.
VÖGELI GALLI, Nicole und Ainhoa ROSSELL, 2024. Wage demands and fair working conditions of seafarers on cargo ships under a flag of convenience : establishment of a place of jurisdiction in Switzerland. International Journal of Law and Society. 19 Juni 2024. Bd. 7, Nr. 2, S. 76–92. DOI 10.11648/j.ijls.20240702.13
Vögeli Galli, Nicole, and Ainhoa Rossell. 2024. “Wage Demands and Fair Working Conditions of Seafarers on Cargo Ships under a Flag of Convenience : Establishment of a Place of Jurisdiction in Switzerland.” International Journal of Law and Society 7 (2): 76–92. https://doi.org/10.11648/j.ijls.20240702.13.
Vögeli Galli, Nicole, and Ainhoa Rossell. “Wage Demands and Fair Working Conditions of Seafarers on Cargo Ships under a Flag of Convenience : Establishment of a Place of Jurisdiction in Switzerland.” International Journal of Law and Society, vol. 7, no. 2, June 2024, pp. 76–92, https://doi.org/10.11648/j.ijls.20240702.13.
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