1.2. Outline and scope of the thesis
The structure of the thesis is based on a chapter-by-chapter approach, each chapter containing corresponding sections, and sub-sections where applicable.
The first chapter discusses how ship recycling is regulated at international level by interpreting the Basel Convention and the Hong Kong Convention in the light of the Vienna Convention Law of the Treaty (“VCLT”) Article 31 and 32. The section focuses on both conventions' suitability to address ship recycling concerns pertaining safety of the environment and human health.
The second chapter examines the interplay between the HCK and the BC. This chapter is divided into two subsections. First the conflict clauses in the two conventions, namely the Article 11, BC and Article 15, HCK is interpreted in the light of the international principles of VCLT, and lex specialis to determine the relationship between the two regimes. Secondly, the thesis analysis whether the HCK provides an equivalent level of control and enforcement as required by the Article 11, BC. Both conventions aim at protecting the human health and the environment from the harm caused by the hazardous material in relation to ship recycling. Article 11, BC requires that agreements must be “compatible with the environmentally sound management of hazardous wastes and other wastes.”(1) BC, Article 11(2) The comparative analysis of the two regimes examines the HCK principle of safe and environmentally sound ship recycling in the contrast with the environmentally sound management, principle (“ESM”) in the BC.
The thesis shall not address EU legislation in relation to ship recycling, or how the two conventions requirements are transposed in national legislation. Moreover, the thesis shall not address the connection between the BC and imposed international environmental principles, i.e. polluters pay principle, precautionary principle, environmental justice principle, and so forth, because such principles are not present in the HKC. The thesis addresses the principle of environmental sound management, as this principle is partially reflected in the HCK. The thesis shall not address the criminal liability in the BC, besides from underlining the lack of this enforcement mechanism in the HKC. The International Labour Organization (“ILO”) guidelines on “Safety and health in shipbreaking guidelines for Asian countries and Turkey” shall not be addressed in this thesis, as it falls outside the scope of its. Lastly, any matters pertaining to human rights have been excluded from this thesis based on above reasons.