Critical Analysis of the Hong Kong International Convention on Ship Recycling
In May 2009, the International Maritime Organization (IMO) adopted the Hong Kong International Convention for the Safe and Environmentally Sound Recycling of Ships to address the growing concerns about the environmental, occupational health and safety risks related to ship recycling. The aim of the Hong Kong Convention is to provide a legally binding instrument which ensures that the process of ship recycling does not pose risks to human health, safety and to the environment. In this paper, critical analysis of the Hong Kong Convention has been carried out in order to study the effectiveness of the Convention to meet its objectives. The Convention has been studied in detail including its background, main features, major stakeholders, strengths and weaknesses. The Convention, though having several deficiencies, is a major breakthrough in not only recognizing but also dealing with the ill-practices associated with ship recycling.
[1] M. Stopford, Maritime Economics. London: Routledge, 2009, ch. 5, at p.
178.
[2] News to use, “The world’s biggest ships- Batillus-class supertankers,”
Jan 2012 at (online) http://www.newstouse.org/biggest-ships-batillus/.
Accessed 29 Aug 2012.
[3] N. Mikelis, “Hong Kong Convention: The origins of a convention,”
presentation at World Maritime University, Malmo, Sweden, 2012.
[4] IMO, “Hong Kong International Convention for the Safe and
Environmentally Sound Recycling of Ships, 2009,” in International
Conference on the Safe and Environmentally Sound Recycling of Ships,
Hong Kong, 2009.
[5] NGO platform on ship breaking, “Legal Shipwreck: IMO Convention
Legalizes Toxic Ship Dumping,” at (online) http://www.
shipbreakingplatform.org/shipbrea_wp2011/wp-content/uploads/2011/
11/briefing-paper-on-IMO-conventio-may-2009.pdf. Accessed 20 July
2013.
[6] S. Bhattacharjee, “From Basel to Hong Kong: International
Environmental Regulation of Ship-Recycling Takes One Step Forward
and Two Steps Back,” Trade Law and Development, vol. 1, no. 2, pp.
193-230, 2009.
[7] Y. Fang, M. Q. Mejia Jr., “Reinforcing the Legal Framework for the
Environmentally Friendly Recycling of Ships: A Brief Look at the Hong
Kong Convention,” in International Proceedings of Economics
Development and Research, vol. 48. no. 20, pp. 91-95, 2012.
[8] N. Matz‐Lück, “Safe and Sound Scrapping of ‘Rusty Buckets’? The
2009 Hong Kong Ship Recycling Convention,” in Review of European
Community & International Environmental Law, vol. 19, no.1, pp. 95-
103, 2010.
[9] Lloyd's Register, “Ship recycling: Practice and regulation today,”2011.
at (online) http://www.lr.org/Images/ShipRecycling_040711_tcm155-
223320.pdf. Accessed 23 July 2013.
[10] BIMCO, “Ship Recycling BIMCO's position,” Viewpoint, at (online)
https://www.bimco.org/About/Viewpoint/11_Ship_Recycling.aspx.
Accessed 23 July 2013.
[11] T. G. Puthucherril, From shipbreaking to sustainable ship recycling:
evolution of a legal regime, Leiden: Brill, vol. 5, 2010.
[12] D. Dodds, “Breaking Up is Hard to Do: Environmental Effects of
Shipwrecking and Possible Solutions Under India's Environmental
Regime,” Pacific McGeorge Global Bus. & Dev. Law J., vol. 20, pp.
207-236, 2007.
[13] UNEP, Basel Convention on the control of transboundary movements of
hazardous wastes and their disposal, UNEP/SBC/2011/4, Geneva:
Publishing Service, United Nations, 2011.
[14] Basel Convention, “Ship Dismantling,” at (online) http://www.basel.int/
Implementation/TechnicalAssistance/ShipDismantling/Overview/tabid/2
762/Default.aspx. Accessed 22 July 2013.
[15] IMO, “The development of the Hong Kong Convention,” Recycling of
ships, at (online) http://www.imo.org/OurWork/Environment/
ShipRecycling/Pages/Default.aspx. Accessed 22 July 2013.
[16] IMO, “Marine Environmental Protection Committee - 44th session: 6-13
March 2000,” in MEPC Meeting Summaries, at (online)
http://www.imo.org/blast/mainframe.asp?topic_id=109&doc_id=358.
Accessed 21 July 2013.
[17] IMO, “Marine Environment Protection Committee (MEPC), 47th
session: 4-8 March 2002,” in MEPC Meeting Summaries, at (online)
http://www.imo.org/blast/mainframe.asp?topic_id=109&doc_id=1753.
Accessed 21 July 2013.
[18] IMO, “Marine Environment Protection Committee (MEPC), 49th
session: 14-18 July 2003,”inMEPC Meeting Summaries,at (online)
http://www.imo.org/blast/mainframe.asp?topic_id=109&doc_id=2798.
Accessed 21 July 2013.
[19] IMO, “Marine Environment Protection Committee (MEPC), 53rd
session: 18-22 July 2005,” in MEPC Meeting Summaries,at (online)
http://www.imo.org/blast/mainframe.asp?topic_id=109&doc_id=4469.
Accessed 21 July 2013.
[20] IMO,“Final act of the international conference on the safe and
environmentally sound recycling of ships,” in International Conference
on the Safe and Environmentally Sound Recycling of Ships, Hong Kong,
2009.
[21] M. Sarraf et. al, Ship breaking and recycling industry in Bangladesh and
Pakistan. Washington, D.C.: World Bank, Dec. 2010.
[22] Y.-C.Chang, N. Wang, and O. S. Durak, “Ship recycling and marine
pollution,” Marine pollution bulletin, vol. 60, no. 9, pp. 1390-1396,
2010.
[23] IMO, Status of multilateral Conventions and instruments in respect of
which the International Maritime Organization or its Secretary-General
performs depositary or other functions. IMO, June 2013, at p. 505.
[24] J. Puckett, “Speech given by the NGO Platform on Shipbreaking on the
beaching method,” in International Conference on the Safe and
Environmentally Sound Recycling of Ships. Hong Kong: Basel Action
Network, 2009, at (online) http://ban.org/library/
090513_the_beaching_method_speech.html. Accessed 22 July 2013.
[1] M. Stopford, Maritime Economics. London: Routledge, 2009, ch. 5, at p.
178.
[2] News to use, “The world’s biggest ships- Batillus-class supertankers,”
Jan 2012 at (online) http://www.newstouse.org/biggest-ships-batillus/.
Accessed 29 Aug 2012.
[3] N. Mikelis, “Hong Kong Convention: The origins of a convention,”
presentation at World Maritime University, Malmo, Sweden, 2012.
[4] IMO, “Hong Kong International Convention for the Safe and
Environmentally Sound Recycling of Ships, 2009,” in International
Conference on the Safe and Environmentally Sound Recycling of Ships,
Hong Kong, 2009.
[5] NGO platform on ship breaking, “Legal Shipwreck: IMO Convention
Legalizes Toxic Ship Dumping,” at (online) http://www.
shipbreakingplatform.org/shipbrea_wp2011/wp-content/uploads/2011/
11/briefing-paper-on-IMO-conventio-may-2009.pdf. Accessed 20 July
2013.
[6] S. Bhattacharjee, “From Basel to Hong Kong: International
Environmental Regulation of Ship-Recycling Takes One Step Forward
and Two Steps Back,” Trade Law and Development, vol. 1, no. 2, pp.
193-230, 2009.
[7] Y. Fang, M. Q. Mejia Jr., “Reinforcing the Legal Framework for the
Environmentally Friendly Recycling of Ships: A Brief Look at the Hong
Kong Convention,” in International Proceedings of Economics
Development and Research, vol. 48. no. 20, pp. 91-95, 2012.
[8] N. Matz‐Lück, “Safe and Sound Scrapping of ‘Rusty Buckets’? The
2009 Hong Kong Ship Recycling Convention,” in Review of European
Community & International Environmental Law, vol. 19, no.1, pp. 95-
103, 2010.
[9] Lloyd's Register, “Ship recycling: Practice and regulation today,”2011.
at (online) http://www.lr.org/Images/ShipRecycling_040711_tcm155-
223320.pdf. Accessed 23 July 2013.
[10] BIMCO, “Ship Recycling BIMCO's position,” Viewpoint, at (online)
https://www.bimco.org/About/Viewpoint/11_Ship_Recycling.aspx.
Accessed 23 July 2013.
[11] T. G. Puthucherril, From shipbreaking to sustainable ship recycling:
evolution of a legal regime, Leiden: Brill, vol. 5, 2010.
[12] D. Dodds, “Breaking Up is Hard to Do: Environmental Effects of
Shipwrecking and Possible Solutions Under India's Environmental
Regime,” Pacific McGeorge Global Bus. & Dev. Law J., vol. 20, pp.
207-236, 2007.
[13] UNEP, Basel Convention on the control of transboundary movements of
hazardous wastes and their disposal, UNEP/SBC/2011/4, Geneva:
Publishing Service, United Nations, 2011.
[14] Basel Convention, “Ship Dismantling,” at (online) http://www.basel.int/
Implementation/TechnicalAssistance/ShipDismantling/Overview/tabid/2
762/Default.aspx. Accessed 22 July 2013.
[15] IMO, “The development of the Hong Kong Convention,” Recycling of
ships, at (online) http://www.imo.org/OurWork/Environment/
ShipRecycling/Pages/Default.aspx. Accessed 22 July 2013.
[16] IMO, “Marine Environmental Protection Committee - 44th session: 6-13
March 2000,” in MEPC Meeting Summaries, at (online)
http://www.imo.org/blast/mainframe.asp?topic_id=109&doc_id=358.
Accessed 21 July 2013.
[17] IMO, “Marine Environment Protection Committee (MEPC), 47th
session: 4-8 March 2002,” in MEPC Meeting Summaries, at (online)
http://www.imo.org/blast/mainframe.asp?topic_id=109&doc_id=1753.
Accessed 21 July 2013.
[18] IMO, “Marine Environment Protection Committee (MEPC), 49th
session: 14-18 July 2003,”inMEPC Meeting Summaries,at (online)
http://www.imo.org/blast/mainframe.asp?topic_id=109&doc_id=2798.
Accessed 21 July 2013.
[19] IMO, “Marine Environment Protection Committee (MEPC), 53rd
session: 18-22 July 2005,” in MEPC Meeting Summaries,at (online)
http://www.imo.org/blast/mainframe.asp?topic_id=109&doc_id=4469.
Accessed 21 July 2013.
[20] IMO,“Final act of the international conference on the safe and
environmentally sound recycling of ships,” in International Conference
on the Safe and Environmentally Sound Recycling of Ships, Hong Kong,
2009.
[21] M. Sarraf et. al, Ship breaking and recycling industry in Bangladesh and
Pakistan. Washington, D.C.: World Bank, Dec. 2010.
[22] Y.-C.Chang, N. Wang, and O. S. Durak, “Ship recycling and marine
pollution,” Marine pollution bulletin, vol. 60, no. 9, pp. 1390-1396,
2010.
[23] IMO, Status of multilateral Conventions and instruments in respect of
which the International Maritime Organization or its Secretary-General
performs depositary or other functions. IMO, June 2013, at p. 505.
[24] J. Puckett, “Speech given by the NGO Platform on Shipbreaking on the
beaching method,” in International Conference on the Safe and
Environmentally Sound Recycling of Ships. Hong Kong: Basel Action
Network, 2009, at (online) http://ban.org/library/
090513_the_beaching_method_speech.html. Accessed 22 July 2013.
@article{"International Journal of Earth, Energy and Environmental Sciences:65418", author = "K. P. Jain and J. F. J. Pruyn and J. J. Hopman", title = "Critical Analysis of the Hong Kong International Convention on Ship Recycling", abstract = "In May 2009, the International Maritime Organization (IMO) adopted the Hong Kong International Convention for the Safe and Environmentally Sound Recycling of Ships to address the growing concerns about the environmental, occupational health and safety risks related to ship recycling. The aim of the Hong Kong Convention is to provide a legally binding instrument which ensures that the process of ship recycling does not pose risks to human health, safety and to the environment. In this paper, critical analysis of the Hong Kong Convention has been carried out in order to study the effectiveness of the Convention to meet its objectives. The Convention has been studied in detail including its background, main features, major stakeholders, strengths and weaknesses. The Convention, though having several deficiencies, is a major breakthrough in not only recognizing but also dealing with the ill-practices associated with ship recycling.
", keywords = "Hong Kong Convention, IMO, Ship breaking, Ship recycling.", volume = "7", number = "10", pages = "684-9", }
