Ship recycling flag states and ship owners’ dilemma

Abstract

As the destination of an end-of-life ship is primarily driven by economic factors, many of them end up beached in intertidal zones along the coasts of Bangladesh, India and Pakistan. Although the recovery of materials is a sustainable practice, sub-standard working conditions and the fate of hazardous materials onboard ships in beaching operations is a cause of great concern to human health and the environment. The United Nations (UN) determined to safe guard fundamental human rights and promote economic and social advancement, has in 2009 through the International Maritime Organisation (IMO) adopted the Hong Kong International Convention for the Safe and Environmentally Sound Recycling of Ships. However, the Convention has not yet entered into force primarily due to the peculiar conditions to do so. In an attempt to facilitate the ratification of the Convention, the European Union has adopted Regulation (EU) No 1257/2013 on ship recycling. Conversely, its efficacy is highly disputed, as it is a regional instrument, which amongst other fails to curb re-flagging of ships flying the flag of an EU Member State. The interoperability of the above legal instruments is somewhat unclear, particularly due to their correlation with the Basel Convention and EU Waste Shipments regulation on the transboundary movement of hazardous wastes and other wastes. Although ships destined for recycling may classify as waste, the enforceability of the latter instruments is limited to land, marine areas and airspace falling under a state’s jurisdiction. In this context, unless the dilemmas faced by flag states and ship owners are overcome, safe and environmentally sound ship dismantling may remain something to be desired.