Modern Slavery in Liner Shipping: An Empirical Analysis of Corporate Statements

Forced labour presents an inherent risk to many workers engaged in the shipping industry. Traditional approaches of tackling the problem rely on the recognized rules of flag state and port state jurisdiction, leaving a significant margin of political discretion in dealing with labour rights violations. The article advances an argument that mechanisms of private enforcement in tort action can have a role in securing the labour rights of workers and providing them access to remedy. Following the recent jurisprudence, it suggests sourcing the companies’ duty of care in their published materials under the growing number of corporate reporting statutes. The article builds upon unique empirical material, which comprises the statements published by the shipping companies under the UK Modern Slavery Act [MSA]. In addition to the descriptive observations of compliance, the study engages in content analysis of these statements, seeking to identify the uniform patterns of reporting and industry best practices. The last part of the article discusses whether corporate undertakings as reported in modern slavery statements may serve as a ground for tort liability. Relying on the empirical data, the study concludes on the insufficient grounds for bringing companies liable for labour rights violations, bringing attention to the design of corporate reporting statutes.