Navigating Seafarers' Tort Claims: A Private International Law Perspective on International Jurisdiction and Applicable Law

The structural characteristics of international maritime transportation place seafarers among the most vulnerable actors in the global labour market. Considerable uncertainties persist regarding which courts have jurisdiction and which national law is applicable when rights violations occur. These uncertainties primarily stem from the nature of the work performed by seafarers. Indeed, in international maritime transportation, many disputes involving seafarers occur on the high seas. In disputes occurring outside these areas, the countries involved are often of a coincidental nature, determined largely by contractual arrangements made by the carrier. However, there is currently no international regulation that sets forth binding rules on international jurisdiction and applicable law specifically for tort claims brought by seafarers. To ensure legal certainty and predictability in seafarers’ tort claims, there is a need for uniform and binding rules on international jurisdiction and applicable law. Indeed, due to factors such as single ship companies and the flag of convenience, seafarers are in a highly vulnerable position. The study proposes the international jurisdiction and conflict rule specifically for tort claims brought by seafarers, excluding disputes arising from employment contracts. In developing these rules, efforts have been made to ensure consistency with jurisdictional criteria and connecting factors recognised in national laws.