MarIus

1.4. Legal sources

Given that a variety of sources has been used throughout the process of research, it is important to address the hierarchy of the sources used prior proceeding any further. In line with public international law principles, as established by Article 38 (1) of the International Court of Justice (“ICJ Statute”), stipulates that “international conventions, whether general or particular”^{(1) ICJ Statute, Article 38(1)(a).} containing “rules expressly recognised”^{(2) Ibid.} shall have primacy. In this thesis, the primary sources of law are the conventions. Nonetheless, secondary sources of law shall be used, supplementary to the text of the conventions, for the purpose of better defining or filling certain lacunae in the conventions’ text.^{(3) Ibid., Article 38(1)(d).} Articles 31 and 32, VCLT shall be used in support of interpreting the conventions and corresponding guidelines. The authenticated language of the conventions addressed throughout this thesis, as per Article 33 of VCLT the Conventions’ text, shall be “equally authoritative in each language“^{(4) VCLT, Article 33.}, unless decided otherwise for the purpose of interpretation of the conventions considering Article 31 and 32 of VCLT.^{(5) Ibid., Article 33(4).}

The thesis also uses acts adopted by the Conferences of the Parties of Basel Convention (“COP of Basel”), as well as acts adopted by the Marine Environment Protection Committee (“MEPC”). Such acts are commonly known as secondary legislations, constituting “an important source of international law.”^{(6) Sands Phillipe and Peel Jacqueline, et al., Principles of International Environmental law, 4th. edition (Cambridge University Press, 2018), p. 116.} They may, or may not be binding, and can potentially alter treaty obligations, or assist in interpreting treaty obligations in an authoritative manner.^{(7) Ibid., p. 116.}

To be noted that throughout this thesis, travaux preparatoires has solely been used for the purpose of illustrating what safe and environmentally ship recycling is. The thesis uses the Technical Guidelines for the Environmentally Sound Management of the Full and Partial Dismantling of Ships^{(8) Technical Guidelines for the Environmentally Sound Management of the Full and Partial Dismantling of Ships, Decision VI/24 (UNEP/CHW 6.23 (2002)).} and the IMO guidelines, which are meant to be utilised upon the entering into force of the Convention.^{(9) Kristina Siig,” Private law responses to of imperfect regulation in international public law – the case of vessel recycling,“ in Routledge Handbook of Privat Law and Sustainability Marta Sontas Silva, Andrea Nicolussi et al (eds), (London Routledge 2024), p. 226.} The legal character of the guidelines has been, and remains widely debated, depending on whether guidelines are soft law or hard law. However, the discussion of when do guidelines as soft law become hard law shall not be addressed in this thesis, due to the inherent extensive complexity on this matter, along with the imposed words limitation. Since an extensive number of sources has been used throughout this thesis, their purpose, type of source, limitations, and relevancy to both conventions, shall be addressed when discussed in the relevant sections. Nonetheless, their usage and relevancy shall be addressed in the following sub-section.