On Pollution Prevention To Ship Recycling Of International Legislation And Development-insufficient And Improvement Of Legislation In China

"Dismantling one ship, polluting a beach"is the shipbreaking industry always faced problems in its development process. After long-term operation, most ships contain a large number of hazardous material that threat the environment and human health. So if we don't handled properly, it will easily cause serious pollution incident, binging pollution and damage to the marine, terrestrial, atmosphere, biological, even endanger the human health directly or indirectly. Because of this severe pollution is not limited to its areas of ship-breaking countries, it will gradually spread to the world, threat the other country and the world's environment. Therefore, a country that intends to develop the shipbreaking industry, it should have a set of sound ship recycling pollution prevention regulations that is essential. Although the shipbreaking countries make the country's relevant laws and regulations positively in practice, but because of existed different standards in national legislation and lack international uniform standards of ship recycling pollution prevention, resulting the phenomenon of pursuit the economic interest blindly and despite the environmental protection is still existed. Therefore, strengthening the international legislation and establishing the uniform standards of the ship recycling pollution prevention are important to solving problem of the ship recycling pollution.The releasing of the Hong Kong International Convention for the safe and Environmentally Sound Recycling of Ships 2009, making an international uniform standards for safe, pro-environment, healthy recycling of ships, is the new development of the international legislation. To reduce or eliminate the damage to the human health ,safety and environment in the shipbreaking procedure after the ship retired, the Convention put forward higher requirements for ships, ship recycling facility and reports, for example, each ship shall have onboard an inventory of hazardous materials that listed the used hazardous materials when it was construction, shall be subject to the initial survey, renewal survey, additional survey and final survey, the survey staff must verified the inventory is accordance with the requirements of this Convention, to minimize the damage to workers and environment; the ship recycling facility shall develop an ship recycling plan for each ship, the removal and management of any hazardous material shall be accordance with the requirements of safe and environmentally sound during the dismantling process; before, in or after the dismantling, stakeholders should reporting the administration in due time, etc. Furthermore, the current shipbreaking countries are mainly in Asia. That the demolished ships transferred from one country to those Asia country refer to the transfer movement of waste system on the current international legislation, so each country should comply with the relevant provisions of the system, and not sent the ship that contained a large number of hazardous materials to the other country at will, regardless of the damage to environment. On this basis, this paper combined the specific provisions of transfer movement of waste system and the requirements of the new Convention, making a comprehensive analysis and evaluation to the international legislation, confirming the legislation advance meanwhile pointed out its defect and shortage, and then looking into the distance to the new Convention development.Especially, as one of the largest shipbreaking country in the world, the pollution situation in China also is not optimistic. Although early in 1988,our country have formulated regulations on administration about ship recycling pollution prevention, and also have other related regulations, but the low legislative level and the imperfect legislative contents are the main problem our faced, in addition ,there is very difference compared the new Convention. Under the impact and influence of the international pro-environment developing trends and the new Convention, China should take active measures to improving the relevant legislation, strengthen the supervision and management to the ship recycling pollution prevention, promoting the domestic implementation of the new Convention, and connecting the domestic legislation and the international legislation well.