Regulation (EU) No 1257/2013, also referred to as the Ship Recycling Regulation (SRR), entered into force on 30 December 2013. To address concerns over its efficacy, as the Regulation only requires sound recycling for EU flagged ships, a criterion that can easily be circumvented through timely re-flagging to a non-EU flag, the possibility for the European Commission to create a financial incentive is provided in Article 29 of the SRR, stating that the Commission shall report before the end of 2016 on "the feasibility of a financial instrument that would facilitate safe and sound ship recycling". To be effective, a proposed financial instrument must be capable of inducing a change in behaviour on the part of ship owners towards the recycling of their ships in compliance with the SRR. Various options have been considered for such a financial instrument in previous studies, but an earlier proposal based on these to the European Parliament was rejected. This study proposes an alternative financial incentive instrument based on the introduction of a Ship Recycling Licence required for the entry to EU ports, connected with fees that serve capital accumulation with the aim to cover the revenue gap between sound and unsound recycling.
This is an open access title available under the terms of a CC BY-NC-ND 4.0 License. It is free to read, download and share on Elgaronline.com. In this authoritative book, Ioanna Hadjiyianni and Kleoniki Pouikli incisively map out the regulatory landscape of ship recycling, exploring the main international and European regulatory approaches that govern its environmental impacts. In light of the transnational demands of environmental justice, they critically assess the interaction between multiple regimes from the perspective of key environmental principles and the EU’s attempts to steer regulatory developments in this field.
Ship recycling conserves resources, employs an unskilled workforce, and removes outdated tonnage. Operating mainly on the Indian subcontinent, this ‘primitive’ industry often results in loss of human life and pollution of the marine environment. Despite moral indignation, the international community has struggled to manage this industry and only recently completed the IMO International Convention for the Safe and Environmentally Sound Recycling of Ships. Using the Indian experience on shipbreaking as a case study, this book assesses the strengths and weaknesses of the Convention. The author argues that the Convention may not succeed because it fails to strike a balance between environmental protection, human rights, and commercial realities. The book offers recommendations for a holistic and integrated approach to a sustainable ship recycling industry.
This book identifies and examines the legal challenges facing the shipping industry and ship management today. It first addresses flag state rules and private international law as organisational tools of the shipowner for establishing the applicable legal framework in an age of increasing regulatory activity and extraterritorial effect of legislation. It then focuses on sustainability requirements and the liability of shipping companies managing supply chains and ships as waste. The third section considers challenges stemming from times of financial crisis and deals with the cross-border impact of shipping insolvencies, the UNCITRAL Model Law, and the approaches of different jurisdictions. Finally, the fourth section concerns digitalisation and automation, including delivery on the basis of digital release codes, bills of lading based on blockchain technology, the use of web portals and data sharing, and particular aspects of the law relating to autonomous ships, notably in marine insurance and carriage of goods. The book will be a useful resource for academics and practising lawyers working in shipping and maritime law.
This book critically examines the extension of EU environmental legislation beyond EU borders through measures that determine access to the single market on the basis of processes that take place in third countries. It makes a timely contribution to political debates about the relations between EU and non-EU countries, and the Union's role in the global governance of environmental policy, where it has been considered a global leader. The book aims to identify and explain the emerging legal phenomenon of internal environmental measures with extraterritorial implications as an important manifestation of EU global regulatory power, and assesses the extraterritorial reach of EU environmental law from a legitimacy perspective. It examines mechanisms that can bolster its legitimacy, focusing on the legal orders of the EU and the World Trade Organization, which are key legal fora for controlling the EU's global regulatory power.
International shipping is currently at a crossroads. The decision of the International Maritime Organization (IMO) in April 2018 to adopt an Initial Strategy so as to achieve by 2050 a reduction of at least 50% in maritime greenhouse gas (GHG) emissions vis-à-vis 2008 levels epitomizes the last among a series of recent developments as regards sustainable shipping. It also sets the scene on what may happen in the future. Even though many experts and industry circles believe that the IMO decision is in line with the COP21 climate change agreement in Paris in 2015, others disagree, either on the ground that the target is not ambitious enough, or on the ground that no clear pathway to reach the target is currently visible. This book takes a cross-disciplinary view of the various dimensions of the maritime transportation sustainability problem. “Cross-disciplinary” means that a variety of angles are used to examine the book topics, and these mainly include the technological angle, the economics angle, the logistics angle, and the environmental angle. The book reviews models that can be used to evaluate decisions, policy alternatives and trade-offs. For sustainable shipping, a spectrum of technical, logistics-based and market based measures are being contemplated. All may have important side-effects as regards the economics and logistics of the maritime supply chain, including ports and hinterland connections. The objective to attain an acceptable environmental performance, while at the same time respecting traditional economic performance criteria so that shipping remains viable, is and is likely to be a central goal for both industry and policy-makers in the years ahead. At the same time, policy fragmentation is likely to create distortions of competition and sub-optimal solutions. This book attempts to address these issues and identify better solutions. Sustainable Shipping: A Cross-Disciplinary View includes chapters that cover many relevant topics. These include a general view of maritime transport sustainability, green ship technologies, information and communication technologies (ICTs) for sustainable shipping, green tramp ship routing and scheduling, green liner network design and speed optimization. Market based measures, oil pollution, ship recycling, sulphur emissions, ballast water management, alternative fuels and green ports are also covered. The book concludes by discussing prospects for the future, with a focus on the IMO Initial Strategy. "This book contains a unique wealth of information on sustainable shipping. The knowledge it provides is rigorous, complete, and well supported by statistics, technical reports, and scientific references. The treatment of the various topics is not only informative but also analytical and critical." —Gilbert Laporte, Maritime Economics & Logistics (12 May, 2020)
During the COVID-19 pandemic, employees of maritime and logistics sectors have continued their activities both on shore and on board to complete operations and supply continuity of logistics management in hard times. While organizations worked to provide the best services to customers, the shipping industry suffered by the work-life changes brought by the pandemic. Changes have been felt in talent management in new shipping, changing maritime ethics and affecting the maritime industry psychology, employee motivation, importance of seafarers, and employee rights and responsibilities. The Handbook of Research on the Future of the Maritime Industry presents leaders and managers from maritime and logistics industries, sharing their experiences, new paradigms, practices, and strategies. This book provides practical ideas and strategies to cope with the consequences of the “new normal” in the wake of the global pandemic crisis. Covering topics such as employee rights, occupational safety, and psychological effects, this book is an essential resource for senior executives, leaders and managers, HR professionals, lecturers, business clusters, entrepreneurs, researchers, scholars, academicians, and faculty of higher education.
This book explores the process of shipbreaking in developing countries, with a particular focus on Bangladesh. In the past, shipbreaking (the disposal of obsolete ships) was a very common industrial activity in many developed countries. However, due to stringent domestic environmental and labour laws it is almost impossible for the increasing number of vessels to be disposed of domestically, and now developing nations including Bangladesh, China, India, Turkey and Pakistan regularly participate in this activity. The shipbreaking yards in these countries are not only detrimental to the marine and coastal environment but also represent significant health hazards to local people and workers. Given the global importance of the issue, an effective legal and institutional framework for a sustainable operation of the shipbreaking industry is desperately needed. Sitting at the intersection of three distinct fields – environmental justice, international environmental law and international maritime law – this book offers an innovative take on the issues surrounding the shipbreaking process. Drawing on the case study of Bangladesh due to its prominence in the shipbreaking industry, the author implements an environmental justice framework to examine the issues of sustainability surrounding shipbreaking, and analyses the relationship between social development, economic development and environmental protection. Maritime perspectives of environmental justice will also be highlighted through a discussion of the International Maritime Organization’s role in the implementation of the Hong Kong Convention in developing countries. This book will be of great interest to scholars of environmental justice, international maritime law and international environmental law.
