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Theses

Marché international du travail maritime. Un cadre juridique en formation.

Abstract : Maritime labour markets were initially formed on a national level to provide the nation-states manpower needs for, specially in the military context of the struggle for the seas domination within colonial Europe. With the decolonization, new maritime states could accede to the fiscally and socially competitive flags, precipitating the dismantling of formerly closed national markets. This phenomenon, seen as a manifestation of the globalization process of exchanges and law, led to the trade union to classify the flags of convenience. Can the dismantling of the national maritime labour law lead to the conclusion that an international market would have been substituted to the former? The answer is negative. According to the legal approach of the concept, the exercise of three main prerogatives conditions are required to characterize a labour market. These prerogatives are regulation, inspection and justice. Despite a redistribution of their exercise, originally performed by the flag state, in direction of port state, factors are not met conclude to the existence of an international maritime labour market. However, the study of social maritime conflicts point out new areas of regulation, replacing the national markets by a complex public and private legal framework.
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https://hal.archives-ouvertes.fr/tel-01652177
Contributor : Alexandre Charbonneau Connect in order to contact the contributor
Submitted on : Thursday, November 30, 2017 - 8:45:22 AM
Last modification on : Monday, March 28, 2022 - 10:24:05 AM

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Alexandre Charbonneau. Marché international du travail maritime. Un cadre juridique en formation. . Droit. Université de Nantes, 2008. Français. ⟨tel-01652177⟩

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