The Regulatory Landscape of Ship Recycling

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The Regulatory Landscape of Ship Recycling

Justice, Environmental Principles, and the European Union as a Global Leader

9781035314676 Edward Elgar Publishing
Ioanna Hadjiyianni, Assistant Professor in Public Law, Department of Law, University of Cyprus, Cyprus and Kleoniki Pouikli, Assistant Professor in Law and Sustainability, School of Law, Utrecht University, the Netherlands
Publication Date: May 2024 ISBN: 978 1 03531 467 6 Extent: c 316 pp
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.

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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 role of the EU as a global standard setter for shipbreaking.

Analysing the complex business of dismantling end-of-life ships, the book takes a deeper look at the practice of shipbreaking and examines the appropriate balance between environmental protection, economic development and social justice. The authors survey the EU’s role as a significant global actor on environmental protection and maritime issues, often determining the relationship between the different regimes before they are settled at the international level. They also examine the effectiveness of these regimes, as well as their legal uncertainties and jurisdictional loopholes, through the lens of environmental principles and justice and in the context of recent developments related to the European Green Deal.

The Regulatory Landscape of Ship Recycling provides valuable insights for academics and postgraduate students in law, politics and environmental studies. Legal practitioners in environmental law, sustainability law, maritime and shipping law and industry actors involved in shipbreaking will equally benefit from this fundamental resource.
Critical Acclaim
‘Ship dismantling is a wicked problem, both actually and legally, causing injuries and deaths of workers and severe environmental pollution. The authors meticulously map and analyze the complex legal framework and critically assess the role of the EU as a “first mover”. Publication is very timely as the Hong Kong Convention will enter into force in 2025. The book is obligatory for all with an interest in ship recycling. It is also a fascinating lesson about the challenge to apply environmental principles and justice considerations in a global setting with competitive jurisdictions.’
– Chris Backes, Utrecht University, the Netherlands

‘Despite the critical nature of shipping, Europe’s challenges surrounding ship recycling to achieve circular economy goals have, until now, received insufficient attention. In this incredibly well-researched and highly readable work, Hadjiyianni and Pouikli have provided astounding clarification and insight that merits bookshelf space from everyone involved in international trade.’
– Lawrence J. Kahn, Tulane University Law School, US

‘Hadjiyianni and Pouikli’s eloquent book expertly guides the reader through the convoluted and ever-changing legal labyrinth aiming at developing sustainable ship recycling, stopping the illegal trade of hazardous wastes and protecting the workers involved in developing countries. An essential companion for scholars, practitioners, and policymakers as they deal with the coming into force in 2025 of the Hong Kong Convention and the ongoing modifications of EU law.’
– Mikis Tsimplis, City University of Hong Kong, Hong Kong
Contents
Contents:

Introduction to the regulatory landscape of ship recycling
PART I REGULATING SHIPBREAKING AS
A GLOBAL ENVIRONMENTAL PROBLEM
1 The phenomenon of ship recycling: actors, impacts, legal frames
2 The European Union as a global environmental regulator
in the context of ship recycling
3 Ship recycling through the lenses of environmental
principles and justice
PART II MULTIPLE REGULATORY APPROACHES TO
SHIP RECYCLING
4 End-of-life ships as hazardous waste under the Basel
Convention and the EU Waste Shipment Regulation
5 End-of-life ships ‘from cradle to grave’ under the Hong
Kong Convention and the EU Ship Recycling Regulation
6 The coexistence and complementarity of multiple regimes
applicable to ship recycling
7 The potential of other legal fields to address loopholes in
ship recycling regimes
Conclusion to the regulatory landscape of ship recycling
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