Ship recycling and marine pollution (original) (raw)
Related papers
Marine Navigation and Safety of Sea Transportation, 2011
The new international convention on ship recycling was adopted by IMO in May 2009 in Hong Kong, China, in accordance with IMO in December 2009. The Hong Kong International Convention for the environmentally sound management and security ships 1 recycling is to ensure that vessels are to be recycled once they have reached the end of its useful life not involve an unreasonable risk to human health and safety or the environment. This new agreement includes: the design, construction, operation and preparation of ships to facilitate safe and environmentally sound recycling, without compromising the safety and operational efficiency of ships, the operation of ship recycling facilities in terms of Safety and Environment and the establishment of an enforcement mechanism for ship recycling, incorporating certification and reporting requirements. The text has been developed over three years of preparatory work before the Conference, with contributions from Member States of IMO and non-governmental organizations and in cooperation with the ILO and the parties of Convention Basilea 2 .
2019
The dissertation is an analysis of international and national legal frameworks regarding ship recycling activities. The main emphasis of the study is on the analysis of international legal instruments and the national regulations in Indonesia on waste management and ship recycling in order to find the challenges faced by the Government of Indonesia towards the ratification of the Hong Kong Convention. The study is conducted by analyzing the international regulatory frameworks and the existing national regulations for waste management and ship recycling as well. The research is focused on the preparedness of the Government of Indonesia for the ratification of the Hong Kong Convention by discussing the existing conditions of ship recycling practice in Indonesia and the national regulations pertaining the matter. In regard to the ratification process, a study is also conducted to the national regulations relating to the process of ratification of international conventions and at the same time the roles and obligations of the different Ministries and other stakeholders involved in ship recycling practice and industry in Indonesia are also examined in order to define the which Ministry and institution to undergo the process. As the final result, the study on the challenges on the ratification process of Hong Kong Convention by the Government of Indonesia is concluded with several recommendations on the ratification and the implementation of the Hong Kong Convention in Indonesia including the preparation of the Inventory of Hazardous Materials as one of the key requirements of the Convention by the Recognized Organization.
Fordham Environmental Law Review, 2020
Ship-breaking is one of the most dangerous occupations in the world and widely known as a pollution-heavy industry. This industry is currently concentrated primarily in three South Asian developing countries, namely Bangladesh, India and Pakistan. Ensuring the safe and environmentally sound recycling of ships remains a global concern. There are many international regulations which apply to the activities of ship-breaking, but none of them address the issue in a comprehensive manner. The most relevant international instrument governing ship recycling, the 2009 Hong Kong Convention remains unenforceable due to non-ratification by the chief ship recycling states. The only enforceable international instrument closely relevant to ship recycling activity is the Basel Convention on the Control of Transboundary Movement of Hazardous Waste and their Disposal adopted in 1989. However due to its exceedingly pro-environmental character, its applicability over End of Life ships remains uncertain. As a stopgap measure, this article will attempt to explore other currently enforceable international laws that can potentially be utilized to govern the industry in the face of uncertainty with these two mainstream legal instruments. This article postulates that a prompt solution to this controversial global activity is unlikely to occur anytime soon.
Trade Law and Development, 2010
The increasing dominance of developing countries like India, China, Bangladesh and Pakistan in the global ship-breaking industry illustrates the paradoxical nature of economic globalization. While such operations provide access to employment and cheap material resources, they also pose serious long-term and irreversible harm to local environment and human health. In addition, the transnational character of the shipbreaking trade has militated against effective domestic oversight of its environmental hazards and has turned international regulation into an imperative.
The European Union (EU) Regulation 1257/2013 on ship recycling is the only international mandatory instrument currently in force aimed specifically at ship recycling. It aims to contribute to the quick implementation of the legal regime outlined in the Hong Kong Convention, adopted under the auspices of the International Maritime Organization in 2009, thus fostering its entry into force at the global level. At the same time, in order to avoid the risk of a duplication of requirements applicable to ships destined to be recycled, the EU Ship Recycling Regulation exempts ships falling under its scope from the provisions of the EU Shipments of Waste Regulation; this choice raises questions with reference to EU's obligations under the Basel Convention. The paper intends to analyze the new Regulation in the perspective of its interaction with existing international instruments at the global level. The EU legislation on ship recycling is framed by several international instruments concerning mainly two issues, the protection of the marine environment and the transboundary movement of waste. In particular, its capability to promote the ratification of the Hong Kong Convention and hasten its entry into force is assessed, also taking into consideration that the Regulation provides for some requirements that are stricter than those foreseen by the Convention and that a few of its provisions also have a binding effect on foreign ships visiting EU ports. On the other hand, possible conflicts with the Basel Convention regime on the control of transboundary movements of hazardous wastes are examined.
2020
The Basel Convention has tempted developed nations into the practice of exporting hazardous waste into undeveloped nations’ territories simply for money in the name of recycling. Being extremely business unfriendly, particularly for the recycling industry, this convention has not been welcomed by many developing nations, leading to serious policy and legal uncertainty in those jurisdictions. However, in the absence of any dedicated, enforceable international legal instrument, the Basel Convention currently remains the foundation of ship-recycling jurisprudence in the domestic courts of all dominant, ship-recycling states and the rest of the world, and the basis for curbing the movement of end-of-life ships proceeding to undeveloped states for recycling. Considerable debate exists amongst major stakeholders about the Basel Convention’s application to end-of-life ships. Stakeholders associated with global shipping and the ship-recycling industry, including the governments of ship-owni...
Master Thesis - European Regulation on Ship Recycling (July 2014)
On 30 December 2013 the EU has adopted a new Ship Recycling Regulation. The regulation must account for the gaps in the forthcoming of the international regime and the possible delay until The Hong Kong Convention becomes effective. This thesis analyzes the EU Ship Recycling Regulation and highlights the opportunities and pitfalls of the regime reflecting the objective to reduce the implied negative impacts of the ship recycling industry.