ABSTRACT

This chapter discusses the effectiveness of the national legal and institutional framework of Bangladesh in ensuring environmental justice in the shipbreaking industry. It examines whether the existing legal framework of Bangladesh is adequate to ensure environmentally sound management of the shipbreaking industry. The chapter outlines Bangladeshi laws relating to the working environment and labour rights, and argues that the owners of shipbreaking yards are continuously violating the labour laws of the country. It describes early initiatives for regulatory development to control shipbreaking activities in Bangladesh. The chapter assesses the role played by legal activism in the regulatory development and enforcement of existing laws. It critically examines recent regulatory developments and identifies serious lacunae in the regulatory system. The chapter also discusses the institutional framework for ensuring environmentally sound recycling of ships. The Ministry of Industries formulated the Ship Breaking and Recycling Rules, 2011 in pursuance to the direction of the Supreme Court in the MT Enterprise case.