30 September 2011

The Study on Legal Issues about the Ship-recycling:


The world's major trade in goods transport is done by sea transport, ship as main sea transport vehicle playing an important role in the course of sea transportation. Shipbuilding, shipping and ship-recycling industry as closely related to the ship, all play an important role. Among them forming a complete industrial chain, no the existence of the shipping industry would not have shipbuilding and ship-recycling industry, the same with shipbuilding and shipping industry to ship-recycling. Since the 2008 financial crisis, the shipping industry has begun to slump, a large number of idle ships. In order to reduce operating costs, owners begin to speed up the elimination of old ships. Ship-recycling industry has been called the "smoke-free metallurgy", turning waste into wealth, recycling of resources, for the disposal of old retired ships providing a good way. Ship-recycling as the inverse process of shipbuilding, it mainly scraps, reuses and recycles the materials and equipments in old ships which include scrap steel and non-ferrous metals, electrical appliances, life-saving equipments, etc. On one hand, ship-recycling industry can timely dismantle the ship to prevent the over-age ships polluting the marine environment; on the other hand, it can supply a large amount of scrap steel to meet the need of the market, reducing expenses on iron ore import.Meanwhile, the ship-recycling industry is a high pollution and high risk industry, if not pay enough attention to it, it is likely to cause environmental pollution and the damage to personal safety and health. In order to maximize safety and environmentally sound ship-recycling, "International Convention for the Safe and Environmentally Sound Recycling of ships” passed in May of 2009 in Hong Kong. The convention has become the first worldwide application of international mandatory provisions relating to ship-recycling. The paper tries to make an inquiry about the provisions of the convention and the relevant provisions of domestic law on the ship-recycling legal issues. There are five chapters totally. The first chapter is an introduction, introducing the research significance, content, method, purpose and present situation; The second chapter introduces domestic legal documents on the ship-recycling, and then points out the deficiencies; The third chapter is about the convention. The paper introduces first the background of the convention, then the important regulations described in the convention, and lastly analyzes deficiencies that exist in the convention. The forth chapter is a combination of the second chapter and the third chapter, referring the provisions of the convention to amend our domestic legislation. The fifth chapter recording to the existing provisions of domestic law, from environmental criminal liability, administrative liability and civil liability views to analyze environmental pollution resulting from ship-recycling.

Key words:
Ship-recycling; Ship-recycling Pollution; Safe and Environmentally Sound Recycling of Ships; Ship-recycling Convention

Source: (Accessed on 30 September 2011)

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