Shipbreaking in India and Bangladesh: A comparative legal analysis of international law, judicial decisions and legislation
Australian Journal of Asian Law
School of Business and Law
India used to be the world leader in breaking ships but has now been overtaken by Bangladesh. To regain its place, India has enacted the Recycling of Ships Act 2019. The purpose of the Act is to provide for recycling regulations that meet international standards, especially the Convention for the Safe and Environmentally Sound Recycling of Ships (the Hong Kong Convention).The objective of this article is to explore shipbreaking laws, regulations and court decisions in India through a comparative legal analysis with Bangladesh. It explores a recent Bangladeshi Court decision relating to the regulation of on-board waste and inbuilt wastes and its impact on the local regulatory bodies seeking to prevent the shipbreaking yards from breaking toxic ships. The article concludes with suggestions as to how India can improve its global reputation and attract responsible shipping industries, thereby increasing its global shipbreaking market share.