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Full Description
This book fills a critical gap in research on the shipbreaking industry by analyzing the shortcomings of current international and domestic laws. It argues that existing frameworks, such as the Hong Kong Convention and Basel Convention, are insufficient in protecting workers' health and safety, as evidenced by ongoing fatalities and work-related diseases in South Asia's shipbreaking industry.
The book proposes a new framework that goes beyond prevention to include compensation, holding international shipowners accountable for the harm caused to workers. This includes introducing a Shipbreaking Liability Certificate (SLC) and accompanying insurance, ensuring that affected workers or their families receive compensation. Drawing on lessons from other industries with successful regulatory changes, the book suggests that these measures be adopted under a legal framework supported by the International Maritime Organization (IMO).
In addition to its practical recommendations, the book contributes a new theoretical approach by applying rectificatory global justice to the issue of shipbreaking, an area largely unexplored in existing literature. The combination of legal analysis and case studies provides a strong foundation for the proposed civil liability framework, offering a comprehensive solution to the challenges faced by the shipbreaking industry. This book is essential reading for anyone involved in the shipbreaking industry, from policymakers and legal experts to shipowners and international organizations.
Contents
CHAPTER ONE : INTRODUCTION.- CHAPTER TWO : CONCEPTUALISING THE THEORY OF RECTIFICATORY GLOBAL JUSTICE FOR CIVIL LIABILITY IN SHIPBREAKING INDUSTRY.- CHAPTER THREE : THE SHIPBREAKING INDUSTRY IN SOUTH ASIA: ECONOMIC GAINS AND PROFIT-MAKING AT THE COST OF WORKERS' HEALTH AND SAFETY.- CHAPTER FOUR : DEFICIENCIES WITHIN THE REGULATORY FRAMEWORK IN SOUTH ASIA.- CHAPTER FIVE : EXISTING INTERNATIONAL LAWS - RELEVANCE IN ENSURING RECTIFICATORY GLOBAL JUSTICE.- CHAPTER SIX : CASE STUDIES TO EXPLORE RESPONSIBILITY WITHIN THE SHIPBREAKING INDUSTRY- AN ANALYSIS OF REGULATORY MEASURES OF THE EU AND ITS MEMBER STATES.- CHAPTER SEVEN : LESSONS LEARNED FROM THE CASE STUDIES OF GLOBAL OIL, SHIPPING, AND OIL RIG INDUSTRIES.- CHAPTER EIGHT : LESSONS LEARNED FROM THE CASE STUDIES OF INTERNATIONAL MINING AND WASTE TRADE INDUSTRIES.- CHAPTER NINE : PROPOSAL FOR A SHIPBREAKING LIABILITY CERTIFICATE AND SHIPBREAKING INSURANCE.- CHAPTER TEN : CONCLUDING REMARKS.
