The legal implications of ship recycling

Abstract

The introductory Chapter will provide an overview of the practice of ship recycling and the relevant areas of law. The notion responsibility is a recurring element discussed throughout this thesis. Chapter one discusses the lifecycle of a ship and the need for scrapping within the shipping industry. Moreover this thesis will examine how the present regulatory framework, established by the IMO, the ILO, the EU and the Basel Convention regulates the scrapping of vessels. The position of the industry and certain NGO's in relation to ship recycling issues will also be discussed. Chapter two will consider the regulatory framework and practical applications of the various rules and guidelines through the examination of case law, while the third chapter consists of an in depth analysis of the SRC, its applicability, its constraints, the notion of responsibility and the limitations of the Convention. Chapter four provides a comparative approach between the Basel Convention, the SRC and the European WSR. Attention is given to the requirement of an 'equivalent level of control' as envisaged under Article 11 of the Basel Convention, as well as on whether the SCR upholds certain basic principles of international environmental law. The fifth Chapter of this thesis comprises an examination of the Maltese position with regard to the area of ship recycling. Attention is drawn to the obligations of Malta as a; flag State, port State and coastal State in the event that we should ratify the SRC. Moreover, the position of the Maltese ship owner, which under Regulation 1 of the SRC includes the 'company registered as the owner of the ship... [and] includes those who have ownership of the ship for a limited period pending its sale or handing over to a Ship Recycling facility,' will be examined.