1. Introduction
Upcoming changes within the regulatory landscape of ship recycling show that the stakeholders in the industry are now changing their focus to a legal framework in particular, the Hong Kong International Convention for the Safe and Environmentally Sound Recycling of Ships (“HKC”).
The ship recycling process is highly complex and poses significant risks and challenges for the workers and the environment.(1) Hong Kong International Convention for the Safe and Environmentally Sound Recycling of Ships (Adopted 15 May 2009) SR/CONF/45; Preamble These risks must be addressed and mitigated to ensure a safe and environmentally sound process. Given the suitability of vessels for recycling operations, due to being primarily built on steel, along with the further development of sustainable maritime practices, safe and environmentally sound ship recycling is a detrimental and integral part of this scaling process. This ensures the availability of resources, while contributing to the circular economy.(2) Global Maritime Forum, “Shipping’s circular economy,” Available at: Shipping’s circular economy | Global Maritime Forum (last accessed 1st December 2024) Now that Bangladesh ratified the Hong Kong Convention in June 2023 and fulfilled the last requirements for the Convention to enter into force, it is necessary to address the impact of the HKC on the ship recycling industry.(3) International Maritime Organization ‘Hong Kong ship recycling Convention set to enter into force,’ <HKC set to enter into force> (accessed 1st December 2024)
The entering into force of HKC brings certain legal uncertainties, which have been addressed by BIMCO (“Baltic and International Maritime Council”) and State Parties to the Convention.(4) MEPC 82/16/7 (9th August 2024) Therefore, the interplay between the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and Their Disposal (“BC”) and the HKC, became more relevant, and extensively questioned among shipowners, flag States, recycling States, recycling yards and other stakeholders. Questions around the coexistence of the two conventions, potential overlapping requirements and equivalent level of control are now circulating within the shipping industry, and these legal concerns shall therefore be central analysis points in this thesis.