ABSTRACT
The Master’s responsibility, indeed, their accountability, is derived primarily from the laws of the Flag State; but the Flag State has historically also been the protector of the subject’s human rights. The basis for the Master’s authority can be understood from a very strong case study which predated the Human Rights Act by nearly 50 years, and illustrates very well the issues which the Master must have in mind when carrying out their overriding duty to maintain order and discipline. In twenty first century law, that has been modified and extended by the Maritime Labour Convention, which market research has revealed to present Masters with particular concerns, so this chapter leans heavily on an explanation of basic human rights protection and regulatory offences under the MLC. Overhanging this, however, is the necessity to protect the Master’s own human rights against criminalisation and unfair treatment; upon the foundation of this chapter, a conclusion can start to be drawn which offers a structure for solutions.
