The legal matrix of ship recycling anno 2020: The impact of international legal developments on the legality of EU Regulations (original) (raw)
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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.
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.
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.
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...
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.
EU Ship Recycling Regulation: What's in it for South Asia?
Shipbreaking does not feature on the headlines very often, however, this industry plays a very important role in the economies of South Asian countries. The recycling of end-of-life vessels for scrap metal and other materials is a very profitable industry for both ship-owning companies and the owners of shipbreaking yards. However, developing countries pay the highest price in terms of human lives and environmental damage, with Bangladesh, India and Pakistan on the frontline. A legal framework to counteract these sub-standard recycling practices is already in place, thanks to the Basel Convention, the International Maritime Organisation, the International Labour Organisation guidelines and the latest Hong Kong Convention. The European Union has also recently introduced the Ship Recycling Regulation (SRR) aiming to reduce the environmental and human impact of this industry, especially on the developing countries. Yet, it is a long way before the Regulation could prove its effectiveness as experts have criticised its final version. The objective of this paper is to present the issue of shipbreaking in South Asia and its characteristics and to analyse the latest European Regulation on ship recycling, contextualising it in the international legal framework.
Ship recycling and marine pollution
Marine Pollution Bulletin, 2010
This paper discusses the historical background, structure and enforcement of the '2009 Hong Kong International Convention on the Safe and Environmentally Sound Recycling of Ships.' the 2009 Hong Kong Convention establishes control and enforcement instruments related to ship recycling, determining the control rights of Port States and the obligations of Flag States, Parties and recycling facilities under its jurisdiction. The Convention also controls the communication and exchange of information procedures, establishes a reporting system to be used upon the completion of recycling, and outlines an auditing system for detecting violations. The Convention, however, also contains some deficiencies. This paper concludes these deficiencies will eventually influence the final acceptance of this Convention by the international community.
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.