ABSTRACT

This chapter aims to shed some light on the possible liability of private parties potentially arising in modern ship recycling. It describes to concentrate on two more specific legal instruments. Under a tightening and more specific legal framework, shipowners in particular could potentially be held accountable for evasive measures and/or a continuation of unsustainable ship recycling practices. In late 2017, the Indian government issued a pre-legislative consultation on a draft Safe and Environmentally Sound Recycling of Ships Bill 2017, which would give effect to the provisions of the Hong Kong Convention. At the outset, a discussion of potential public liability in contemporary ship recycling must address the legal foundations under public law, by providing an overview of the array of modern legal obligations. Both the International Maritime Organization and the European Union demand of recycling facilities that they set up a ship-specific recycling plan.