The Jones Act Controversy
Author: Joe Devine

The Merchant Marine Act of 1920, commonly known as the
"Jones Act," provides legal protection to seamen and allows
them to sue their employers over injuries sustained due to
the unseaworthiness of ships or the negligence of the
shipping company or other workers.

The provisions of the Jones Act have been controversial for
a long time. For example, one dispute arose concerning who
qualified as a "seaman" for the purposes of applying the
Jones Act protections. In one recent case, Chandris Inc.,
v. Latsis, the US Supreme Court ruled that anyone who
spends more than 30% of his or her time working on a vessel
sailing on navigable waters qualifies as a seaman under the
Jones Act. This decision provided a quantifiable way to
determine eligibility for Jones Act protection, and was
issued in the vein of other decisions which determined
seaman status based on an individual's exposure to the
"perils of the sea."

Another controversy surrounding the Jones Act revolves
around its economic impact. Opponents of the Jones Act
argue that it unnaturally raises the cost of operating
ports in the United States. They also contend that, because
of Jones Act restrictions, shipping companies are more
likely to maintain old US-built ships than to buy new ones,
and that the US shipbuilding industry has suffered as a
result. A study conducted by the US Department of Commerce
showed that US shipyards only produced 1% of the world's
large commercial vessels. Opponents of the Jones Act argue
that it has resulted in an inordinately high price tag for
American-built vessels. This exceptionally high price tag
has prevented American-built ships from being as common on
the seas as they once were.

On the other side of the debate, people who are in favor of
the Merchant Marine Act point to the effects that it has
had on the working environments for sea workers. The often
dismal conditions endured by workers who spend their time
on foreign vessels, say proponents of the Jones Act, are
largely avoided in the United States because of the
protections extended by the Jones Act.

Despite the debate over the Jones Act, there is little
doubt that it has significantly changed the United States
shipping and marine industries. From the viewpoint of a sea
worker, the Jones Act helps guarantee a safe working
environment and provides legal protections that were
unavailable under international maritime law.


About the Author:

Joe Devine
For more information visit
http://www.jonesactmaritimelawyers.com