Environmental Engineering Reference
In-Depth Information
The issue of equivalent control was raised by environmentalists, as well as some
States, at the eighth conference of parties to the Basel Convention (“CoP 8”). The
CoP 8 requested that the IMO “ensure that the draft ship recycling convention to be
adopted by it establishes an equivalent level of control as that established under the
Basel Convention”. 102 In one sense the new Convention resolves this conflict with
the Basel Convention through article 15, which provides that the Convention “shall
not prejudice the rights and obligations of parties under other relevant and appli-
cable international agreements”. 103
5.6 North-South Tension
Ensuring environmentally-sound disposal of obsolete ships is a global challenge.
Developed countries have gradually shifted the shipbreaking industry to developing
countries. 104 Most of the world
s shipbreaking facilities are now located in five
developing countries: Bangladesh, China, India, Pakistan, and Turkey. 105 These
countries are now dependent on this industry in many respects, including as a
source of employment and a supply of iron. 106
Those who are very interested in introducing stringent international rules on the
shipbreaking industry must consider that developing countries were very dependent
on this industry long before the adoption of the Basel Convention. The developed
world encouraged the growth of this industry in developing countries. The new
IMO Convention is also going to impose more obligations on poor recycling
countries rather than on rich shipping nations. The underlying principle of the
IMO Convention on Ship Recycling is a peculiar equality of un-equals. It can be
identified as a clear violation of the globally-recognised principle of Common but
Differentiated Responsibility (CBDR).
'
102 Decision VIII/11: Environmentally Sound Management of Ship Dismantling, para. 2, in UNEP,
Conference of the Parties to the Basel Convention on the Control of Transboundary Movements of
Hazardous Wastes and Their Disposal, Eighth Meeting, Nairobi, 27 November-1 December 2006,
Report of the Conference of the Parties to the Basel Convention on the Control of Transboundary
Movements of Hazardous Wastes and their Disposal on its Eighth Meeting, p. 34, U.N. Doc.
UNEP/CHW.8/16 (5 January 2007); see also Equivalent Levels of Control Established Under the
Basel Convention and the Draft IMO Ship Recycling Convention, para. 8, IMO Doc. MEPC 57/3/3
(25 January 2008).
103
Recycling of Ships Convention, art. 15(2).
104 Kanthak J and Bernstorff A, (1999) Ships for Scrap: Steel and Toxic Wastes for Asia.
Greenpeace, Hamburg.
105 See Ibid.
106 Hossain MMM and Islam MM (2006) Ship Breaking Activities and its Impact on the Coastal
Zone of Chittagong, Bangladesh: Towards Sustainable Management. YPSA, Chittagong, p. 15.
Search WWH ::




Custom Search