This chapter aims to derive lessons for the global shipbreaking industry from the regulatory measures of the European Union (EU). A principal objective of this chapter is to critically review the literature on the European Union Ship Recycling Regulation, 2013 (the EU Ship Recycling Regulation), through the lens of global justice theory, questioning its application in the current context. This chapter further examines three financial liability mechanisms—Capital Fund, Ship Recycling Licence, and Ship Recycling Insurance—evaluated by the EU Commission since 2005, which aim to impose financial liability on the EU shipowners for recycling ships in substandard shipbreaking yards. Additionally, it investigates the criminal liability approach introduced by the District Court of Rotterdam in the Netherlands. Overall, this chapter finds that the regulatory approaches introduced by the EU are insufficient given that they do not address the rectification of global injustice faced by shipbreaking workers.

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Case Studies to Explore Responsibility within the Shipbreaking Industry—An Analysis of Regulatory Measures of the EU and Its Member States

  • Mohammad Zulfikar Ali

摘要

This chapter aims to derive lessons for the global shipbreaking industry from the regulatory measures of the European Union (EU). A principal objective of this chapter is to critically review the literature on the European Union Ship Recycling Regulation, 2013 (the EU Ship Recycling Regulation), through the lens of global justice theory, questioning its application in the current context. This chapter further examines three financial liability mechanisms—Capital Fund, Ship Recycling Licence, and Ship Recycling Insurance—evaluated by the EU Commission since 2005, which aim to impose financial liability on the EU shipowners for recycling ships in substandard shipbreaking yards. Additionally, it investigates the criminal liability approach introduced by the District Court of Rotterdam in the Netherlands. Overall, this chapter finds that the regulatory approaches introduced by the EU are insufficient given that they do not address the rectification of global injustice faced by shipbreaking workers.