Recycling of Ships - Prevention of Pollution of the Marine Environment from Vessels - page 84

convention. 21 In May 2009, a diplomatic conference held in Hong Kong adopted
the Convention, per the recommendation of the MEPC 58. The Convention has
been named the “Hong Kong International Convention for the Safe and Environ-
mentally Sound Recycling of Ships, 2009.”
The following section will briefly introduce the salient features of the Conven-
tion and, finally, will discuss the critical legal debates presently surrounding the
Convention.

5.3 Structure of the Convention

The Convention includes 21 articles, which define the basic principles of the
Convention. The articles are followed by an Annex that outlines the elaborate
regulations for environmentally-sound recycling of obsolete ships. Chapter 1 of
the Annex is dedicated to general provisions. Chapter 2 of the Annex outlines the
requirements for construction, operation, maintenance, surveys, certification, and
preparation for recycling of ships. Chapter 3 of the Annex elaborates provisions for
regulating recycling facilities. Finally, Chapter 4 of the Annex outlines the
reporting requirements. 22 The Convention will be supplemented by several guide-
lines. Initially, the working group considered nine guidelines 23 ; but the correspon-
dence group ultimately decided to develop just six of these. 24 There was also a
proposal from some delegates that parties should develop a binding IMO code
rather than recommendatory guidelines, 25 but this opinion failed to get enough
support. 26

21 Report of the Marine Environment Protection Committee on its Fifty-Eighth Session, para.
3.52.2, IMO Doc. MEPC 58/23 (16 October 2008).
22 Ibid, Annex. The Convention also includes seven appendixes. Appendix 1 is the list of
hazardous materials, Appendix 2 provides a list of minimum items for the inventory of hazardous
materials, and Appendices 3-7 give the standard formats for relevant certificates and other
documents. Recycling of Ships Convention, apps 1-7.
23

Report of the Correspondence Group, Annex 2.

24

These guidelines are (1) Guidelines for the Inventory of Hazardous Materials, (2) Guidelines for
Survey and Certification, (3) Guidelines for Inspection of Ships, (4) Guidelines for the Authori-
sation of Ship Recycling Facilities, (5) Guidelines for the Safe and Environmentally Sound Ship
Recycling, and (6) Guidelines for the Development of the Ship Recycling Plan. See Second
ISRWG Report, Annex 1, para. 14.
25 Report of the MEPC Fifty-Fifth Session, para. 3.11.
26 Ibid, para. 3.10.