INTERNATIONAL MARITIME LAWS GOVERNING SHIP BREAKING

INTERNATIONAL MARITIME LAWS GOVERNING SHIP BREAKING

International laws governing ship rigging shipbreaking is by necessity and international industry several International laws have relevance to ship breaking matters among them the United Nations convention on the law of the sea 1982 or unclose the Nairobi International Convention the anti-folding convention or AFC 2001 the Bella's Water Management convention or pwm convention and Marple are mentionable however none of them has been found to address the issues directly and in a comprehensive manner the only enforceable International Convention that materially affect the EOL ship is the basal convention on the control of transpondary movement of hazardous waste and their disposal ensure the basal convention the basal convention was adopted in 1992 to resist the adaptation by the developed nation of the practice of exporting hazardous waste into undeveloped Nation territories simply for money in the name of recycling [Music] further movement azarious ways either by Rail Road or in seaways an EOL ship is deemed to be hazardous waste in international law and is subject to this convention however the convention only attracts the movement of EOL ship lost journey toward the recycling facility and is not associated directly with the mainstream ship recycling activities and our most controversy exists within the dominant stakeholders about its applicability to EOL ship nevertheless in the face of a legal vacuum to manage the threat against safety and environment from ship breaking this instrument has consistently been used as a mighty Weapon by the n e NGO engos have used this law to file cases in their Domestic Court preventing journeys of EOL ship toward those recycling states that have no or insufficient capacity to recycle ship in a safe and environmentally Zone manner importantly the convention sure-based Gateway system of control sits quiet inappropriately on the typical mobile waste that is an EOL ship flying across the ocean under this convention a ship can turn into hazardous waste at any moment even on the high seas as soon as its owner decide to recycle it and at the time when the flag State jurisdiction offered the ship at Sea is entirely unknown to this convention the Hong Kong Convention the International Convention for the safe and environmentally Sound Recycling of ship referred to as the Hong Kong Convention or the HKC is a specialized treaty adopted by the international Maritime organization or IMO in 2009 to regulate the global ship rigging industry but the convention isn't yet enforced due to the problem of ratification significant controversy exists with regard to this convention on the allocation of burden in The Cooperative Venture of shipbreaking between important shareholders notably considerable virgin have been imposed on the ship recycles under the convention including pre-cleaning of ship in their own territories with some exception almost all the ship recycling facilities in South Asia that cover almost 80 percent of donate recycling capacity worldwide suffer from a lack of infrastructure to carry out this work in a safe and environmentally Zone manner the convention hasn't reserved any provision for funding to develop infrastructure and capacity for the recyclers who raise their Workers Health and environment by employing such hazardous activities in their domestic territories it has failed to address the Practical issues like liability of polluters instead of holding the beneficial owners of ship accountable the convention has assumed that the ship recyclers are the real polluters with Associated liability of mitigating pollution exclusively at their own expand the hkz ignores said that ship owners sell their obsolete vessel at the standard market price for scraps deal without any adjustment to dig into account at the cost of disposal of hazardous waste and the environmental degradation of the recycling state ship owners are left without no with no burden except preparing a document called inventory of hazardous materials or IHM which carries the list of hazardous material available on board throughout a ship's life however the convention has failed to show any benefit in this simple piece of document will bring to the improve visual Rich recyclers who have no or minimum infrastructure and use no advanced technology or equipment most of their workers cannot even read the document and are unable to execute the sophisticated Works required to follow the information on the paper to offset this lopsided distribution of Burden the HKC has left the recycling state with absolute discretion in setting their own standard of safety and Environmental Protection including setting the minimum standard for equipment and technique used in ship rigging the hkz doesn't accept any responsibility for Downstream waste produced from recycling of sheep at sea at ship recycling facility breaking the tradition of other IMO convention the HKC has ignored all the well-established principle of environmental laws such as the polluter based principle the principle of intergenerational equity the proximity principle the principle of prevention common but differentiated responsibilities and the precautionary principle this was previously the zucchinario existing in South Asian shipbreaking since the 1980s when this recycling facilities used to operate base predominantly on manual force with a subsistent level of equipment and Technology arguably the convention has retained this bare minimum standard and even this parochial tradition and unofficial status many of the existing malpractices such as ship owner bypassing responsibility by creating camouflage intermediaries the cash buyers have officially been endorsed by the hkz hip recyclers use of slime ball contractors and the cash buyers use of a unscrupulous flag stain have all been implicitly ratified by the hkz thereby giving all these more practices formal recognition all of this significant loopholes in fact created the agitation for a new Global regime on ship recycling after three decades of mobile currency and lawlessness in global ship rigging because of the lower standard for safety and environmental standard in shipbreaking offered by the hkz it may be almost impossible to avoid a raise to the bottom among the cash rapid recycling state in this connection the command of the Goldman environmental Award winner 2009 and Greenpeace representative Advocate Shader rizwana Hassan the Hong Kong Convention is noteworthy when the workers and the environment of developing countries desperately needed a life ring the IMO threw them a useless paper the Hong Kong Convention and the South Asian respond to control the domestic ship recycling activity Bangladesh adopted a dedicated framework of regulation on ship recycling namely the shipbreaking and recycling rule 2011 and the hazardous waste and shipbreaking hazardous rule 2011 and the ship recycling act 2018 taking note of the hkz the 2018 Act of Bangladesh has mostly dealt with location of plots between recyclers and Constitution of the shipbreaking board or SBB which is the competent Authority for regulating the shipbreaking activities in Bangladesh nine years have elapsed since 2011 but this measures do not seem to have made any material impact either on the growth of business in Bangladesh or on the rate of casualties thank you

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