European policies on ship recycling: A stakeholder survey

After almost a decade of intensive regulatory activities focused on ship-recycling around the world, special reference is made to combating the problems of ship dismantling practices on the shores of Southern Asian countries. “The Hong Kong International Convention” was adopted in 2009, to provide a uniform shipbreaking management approach. However, in globalised maritime transport, with the majority of shipowners using Open Registries, the European Union has prepared a common approach considering the implementation of a new legal framework. Regulation 1257/2013 implemented by the EU on ship-recycling should be more rigorous than those in the rest of the world. In this article, stakeholder perceptions of this Regulation are presented, based on an online survey. The results show significantly different perceptions in the ship-recycling industry regarding the developing ship-recycling measures within the EU.     

Breaking Basel: The elements of the Basel Convention and its application to toxic ships

Developing nations seeking to apply the Basel Convention on the Control of Transboundary Movements in Hazardous Wastes to prevent toxic ships from entering their waters for shipbreaking are faced with legal uncertainty. This paper responds to that uncertainty by adopting a definition of the offence of illegal traffic in end-of-life ships, and further proposing evidentiary burdens and potential sources of proof for that offence. While a shipowner's intention to scrap a ship for its value in steel was previously difficult to prove, recent market analysis of the shipbreaking industry provides potential proof sufficient to halt the importation of a toxic ship.