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The Shipbreaking Related Legal Issues

Posted on:2010-06-08Degree:MasterType:Thesis
Country:ChinaCandidate:Y JiangFull Text:PDF
GTID:2206360275491965Subject:International Law
Abstract/Summary:
Ship recycling market is the unique market forming to satisfy the human's demands of recycling and full use of all types of materials. Ship recycling industry, which actually refers to ship scrapping industry, is not only an environmental protection industry, but also an integral part of cycle economic. Its formation and existence is beneficial for the balanced development of shipping industry, steel industry, shipbuilding industry and other industries. In addition, through the scrapping of ships of various types, all kinds of materials obtained therefrom may be available for steel industry, shipbuilding industry, ship repair industry, non-ferrous metals industry and civil engineering industry, etc. The development of ship-recycling industry is of great. significance for the development of a country's industry.Because the scrapped ships always carry some oily water and waste, or even produce some toxic substances, improper handling may cause pollution to oceans, inland waters, the terrestrial environment and atmospheric environment, and even directly or indirectly may impair the health of people. Therefore, a country that intends to develop the ship recycling industry should have a set of sound ship recycling pollution prevention regulations. Since 1960's, China started to carry out ship recycling activity under organization. Nowadays the ship recycling industry of China has leaped into the front ranks of the world. Additionally, many laws and regulations for the prevention of ship recycling pollution have been promulgated. However, due to inconsistence among different laws and regulations and faulty implementation mechanism, relevant laws and regulations can not play a role in full.On the other hand, in the other aspects involved in ship recycling activity, such as disuse of Ships, hulk trade, the sea right to use involved in ship recycling and so on. In addition, it is also a lack of operational mechanism, seriously hindering the development of ship recycling industry.The development of ship recycling industry is an important part of the development of circular economy. For the purpose of developing China's ship recycling industry, setting up a reasonable ship recycling mechanism is imperiously demanded. This paper will analyze such issues based on the existing law of PRC and relevant international conventions, which includes but not limited to the qualification of ship recycling, disuse of ships, hulk trade and ship recycling pollution related to ship recycling, in order to provide some particle suggestions to conquer the above problems.In addition to introduction and conclusion, this paper is divided into five chapters:The first chapter is mainly on domestic, international ship recycling existing legislation to introduce, in particular, referred to the latest international legislative developments, and its relationship with our existing legal norms for comparison for later analysis and discussion to continue Ship recycling legal issues related to the provision of bedding.Chapter two, on the basis of our existing laws and regulations and relevant international conventions, focus on the analysis of concepts related to ship recycling.Chapter three and Chapter four, respectively, focus on the ship recycling process of the legal issues involved, including the hulk trading and ship recycling insurance.Chapter five is mainly about relevant legal issues in regard of "ship recycling pollution", on the basis of which providing relevant analysis and comments.
Keywords/Search Tags:Disuse of Ship, Ship Recycling, Green Ship Recycling, Ship Recycling Pollution
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