Study Of Legal Issues Related To Prevention Of Environmental Pollution By Ship-recycling

Ship-recycling industry has been known as the "green metallurgical industry", through dismantling old ships reasonably, it can reduce the irrational consumption of resources by providing a large number of recycling of steel, on the other hand, the ship-recycling industry can eliminate old ships reasonably, avoiding pollution to the environment.At the same time, the ship-recycling industry is a high-risk and high pollution industry, without standards and regulations to ship-recycling industry, it is extremely easy to cause environmental pollution. In order to maximize the implementation of the "safety and harmless to environment", in May2009, the International Maritime Organization passed the "International Convention for Safety and Environmentally Sound Ship-recycling" in Hong Kong (hereinafter referred to as the Hong Kong Convention). If the convention takes effect, it will become the first worldwide mandatory international convention on ship-recycling.As a large country in ship-recycling area, the ship-recycling relevant provisions of China are included in various laws and regulations, lack of proper logic, and it is difficult to form a unity within system, so there is need to make relevant legislative proposals. And the Hong Kong Convention also requires to be changed into domestic law as soon as it comes into force. In order to promote the Hong Kong Convention taking effect, the European Union has submitted new ship-recycling bill to the European parliament in2012, which is based on the Hong Kong Convention. Therefore, the analysis of the ship-recycling relevant legal issues has practical significance and research value. Combining with the main content of the Hong Kong Convention, this paper will put forward suggestions of perfecting domestic legislation about preventing pollution in ship-recycling.This paper includes six parts. The first part of the paper is the introduction which expounds the practical significance, purpose and the present status. The first chapter of the text introduces domestic legal documents on prevention of ship-recycling pollution. The second chapter analyzes the legislative problems from five aspects which include the competent department, old ship breaking, setting of breaking yard, prevention of ship-recycling pollution, pollution liability. The third chapter is the analysis of the Hong Kong convention, includes an overview of the convention, comparisons between the convention and Basel Convention, the particularity and the main mechanism of the convention, and the controversial to the convention. On the basis of the first three chapters, the forth chapter will put forward suggestions of perfecting domestic legislation about preventing pollution in ship-recycling. Mainly includes definition of green ship-recycling, the management to the disassemble vessels, ship-recycling companies, authority departments, ship-recycling regulatory, ship-recycling funds and industry self-discipline. The final part is a conclusion which summarizes the all of the views in this paper.