The impact of the Basel Ban Amendment on the legality of Regulation (EU) No 1057/2013 on ship recycling

Ingvild K. Hoel will present her master thesis work. This presentation will analyse the compliance of (EU) Regulation No. 1057/2013 to the provisions of «the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes» of 1989.  

Abstract

The global ship recycling industry is governed by public international law. Currently, the only in-force regime is that of the Basel Convention of 1989, but the industry is likely to be subject to «the Hong Kong Convention on the Safe and Environmentally Sound Recycling of Ships» of 2009 in a not-too-distant future. The EU is Party to the Basel Convention and bound by its provisions (implemented through (EC) Regulation No 1013/2006) but is prevented from being a signatory to the Hong Kong Convention who only allow for countries to be Party. Nevertheless, the EU created a Regulation in 2013 on basis of the Hong Kong Conventions’ provisions aimed at facilitating its ratification, and the Hong Kong Convention has already been implemented into the domestic law of several of its signatories. The two conventions thus form the global framework for ship recycling legislation. 

The conventions employ different measures to achieve their common aim of environmentally sound waste management in the ship recycling sector, and dualistic application of these two frameworks is not unproblematic. The question of the legality of the 2013 EU-Regulation in context of public international law formed by the Basel Convention has been made pertinent by recent developments in that Convention, namely by the accession of the Basel Ban Amendment which entered into force on the 5^th of December 2019.  

Webinar speaker:
Ingvild Kristine Hoel is a researcher in the Technology and Sustainability department of the Institute for Internet and the Just Society, and a post-student at the University of Bergen. She started studying law at UiB in 2015, and completed her masters degree in December 2020. She took her elective courses at Katholieke Universiteit Leuven, and is now taking the additional elective courses «Law of the Sea and its Uses» and «International and Comparative Energy and Climate Law» to further specialise in maritime- and climate law.  
 

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