Book Reviews /

662 The International Journal of Marine and Coastal Law 27 (2012) 659–670

Tony George Puthucherril, From Shipbreaking to Sustainable Ship Recycling:

Evolution of a Legal Regime (Leiden: Martinus Nijhoff ), 2010, ISBN 978-90-
04-17491-7, hardbound, €112.00/US$156.00, pp. xvi + 290 incl. index

The issue of shipbreaking first presented itself to this book reviewer when a
student proposed writing a dissertation on shipbreaking in India. This led to
a stream of research questions and ideas from the reviewer, given the apparent
complexity of the issue. For example, what was the impact of the multiple
states involved—from that of the ship operator, to the flag state of the vessel
and ultimately the recycling operation? How did the problem fit within the
myriad agreements under international environmental law and the law of the
sea? The student in question dealt with a number of the reviewer’s thoughts,
although a few naturally remained outstanding, given the limited word allow-
ance available. It was therefore with great interest, and hope for further
answers, that Tony George Puthucherril’s more ambitious monograph was
recently received for review.
Puthucherril’s motivations for the study seem similar to those of the afore-
mentioned student. The beaching in tidal waters of end-of-life or redundant
vessels in the South Asian sub-continent for dismantling and reclamation cre-
ates economic opportunities but with an environmental and human cost.
Puthucherril’s primary concern is to see that this industry operates in a sus-
tainable fashion, and the author looks to national and international law to see
how it can combine and contribute to such a goal. This is briefly introduced
in the opening chapter. Chapter 1 is otherwise employed to establish some
basic rules on terminology used in the work, and the proposed structure of
the study.
Chapter 2 is taken as an opportunity to set the scene: to introduce the
shipbreaking industry and to highlight the opportunities it offers and the
problems it generates. Puthucherril’s engaging and accessible writing style
highlights the history of reclaiming materials from vessels, and the geographic
shift in the centre of such operations from the US and Europe to Korea and
Taiwan, and ultimately to India, Bangladesh and Pakistan. The author is also
successful in communicating the pressing need to assess current shipbreaking
regulation since, in the middle of an economic downturn and a drive to phase
out single-hulled vessels, the number of ships being sent for recycling and
breaking is likely to increase. As many of these were not designed with their
ultimate scrapping in mind, Puthucherril then investigates the difficulties this
presents the workforces employed by the breakers, and the risks to the envi-
ronment in the inter-tidal zone. Here the account did strike the reviewer as
somewhat unbalanced in that the reader is left with a less detailed appreciation

© Koninklijke Brill NV, Leiden, 2012 DOI: 10.1163/157180812X645714

 Book Reviews /
The International Journal of Marine and Coastal Law 27 (2012) 659–670 663

of the environmental consequences in comparison to the human costs. The

shipbreaking activities in particular states are also considered and interesting
insights provided, such as those on Bangladesh’s reliance on the industry to
supply steel, and an extremely helpful narrative of the final months of a ship
as it makes its way to Alang, India, for shipbreaking. The latter account is
important for appreciating the range of actors and states involved in ship-
breaking. The chapter is therefore largely successful in establishing the nature
of the industry and the problems it generates, with good examples employed
to help the reader. The reviewer would have liked a more detailed description,
however, of certain key concepts that are used in the rest of the study, such
as ‘environmental racism’ (which is a recurring accusation) and the author’s
conception of sustainable development.
Chapter 3 focuses on national legal efforts to regulate shipbreaking, par-
ticularly in India. This is a well-chosen focus since it serves to illustrate the
impact of increased regulation upon the operating costs of the shipbreaking
companies and how it can drive the industry to relocate to other jurisdictions.
The narrative provided—covering legislation and the Supreme Court of India’s
jurisprudence—is excellent, conveying a picture of activism and then retreat
behind a skewed interpretation of proportionality, as the once thriving ship-
breaking industry in India began to lose market share to Bangladesh and then
hoped to recapture it through weakening of controls. The case studies on the
‘Riky’, ‘Clemenceau’ and ‘Blue Lady’ vessels go a long way towards achieving
the success of this section of the study.
Having found that the national efforts in India were imperfect in delivering
a sustainable shipbreaking industry, partly because of lower standards in other
states, Puthucherril proceeds to analyse the international legal framework as it
applies to shipbreaking. Chapter 5 is dedicated to the 2009 Hong Kong Inter-
national Convention for the Safe and Environmentally Sound Recycling of
Ships (the “Hong Kong Convention”) and is discussed later in this review.
Chapter 4 therefore aims to deal with everything else. The author covers the
1989 Basel Convention on the Transboundary Movement of Hazardous
Waste, the 1982 UN Convention on the Law of the Sea, initiatives under the
International Labour Organisation, and the agreements reached under the
auspices of the International Maritime Organization (IMO) on dumping,
wreck removal, anti-fouling systems, ballast water and pollution from ships.
Important discussion is also offered on the IMO’s 2003 Guidelines on Ship
Recycling. The principal agreements are therefore covered in the book. Some
regimes are not explored for possible activity, and it is worth flagging these up,
such as the 1972 Ramsar Convention on Wetlands, the 1992 Convention on
Biological Diversity, the Global Programme of Action for the Protection of
 Book Reviews /
664 The International Journal of Marine and Coastal Law 27 (2012) 659–670

the Marine Environment from Land-based Sources of Pollution, and the

Regional Seas Programme. Some thoughts on these would have been wel-
come, but they may have been omitted for reasons of space. This does allow
room for some good discussion elsewhere, such as that on whether shipbreak-
ing is caught by the Basel Convention—Puthucherril makes a balanced argu-
ment in favour of jurisdictional competence.
Chapter 5 contains an extended and clear summary of the Hong Kong
Convention, together with a well-constructed critique of its provisions. The
author applauds the design of the Convention with respect to the relationship
between parties and non-parties, but criticises it for placing the primary bur-
dens upon the flag and recycling states, rather than the state of the ship owner
who has operated the vessel during most of its life. This is also, in part, due to
an overly wide definition of ship owner, which fails to focus upon the entity
which has enjoyed the majority of the economic benefits from a vessel.
Puthucherril is also critical of the failure to force the industry to move away
from beaching into dry-docks, given that this is one of the major reasons why
the industry threatens the environment and human safety. Ultimately the
author believes that the Hong Kong Convention serves to fortify the status
quo and ducks well-known contentious issues. This apparent weakness leads
to interesting legal questions about the relationship between the Basel Con-
vention and the Hong Kong Convention. This is recognised by Puthucherril,
who maps the salient provisions of the Basel Convention and provides impor-
tant observations on whether an equivalent level of control and environmen-
tal protection is offered under the Hong Kong Convention. The reviewer did
feel that this analysis would have been even more convincing had greater use
been made of the law of treaties. For now this is an issue of limited signifi-
cance, given that at the time of writing this review no state has ratified the
Hong Kong Convention.1
Chapter 6 presents a well-developed and—supported conclusion. It is here
that the need for international law is properly established, and Puthucherril’s
view of the Hong Kong Convention repeated, in that the agreement “cloaks
the real polluter, usually the last or previous commercial operator of the ship,
from any sort of liability. Further it introduces new actors who are generally
unconnected with the ship. It imposes obligations on these new entities in a
bid to ensure sustainable shipbreaking, which they are incapable of assuming”
(p. 195). The author views the agreement as a missed opportunity to have

1
IMO, Status of Multilateral Conventions and Instruments in Respect of which the International
Maritime Organization or its Secretary-General Performs Depositary or Other Functions as at
31 March 2012, available at: <http://www.imo.org/About/Conventions/StatusOfConventions/
Documents/Status%20-%202012.pdf> accessed 16 April 2012.
 Book Reviews /
The International Journal of Marine and Coastal Law 27 (2012) 659–670 665

included more that was of merit from the Basel Convention and the IMO
Guidelines on Ship Recycling. Puthucherril then makes 11 forward-looking
recommendations to promote the sustainability of shipbreaking, including a
proper application of the polluter-pays principle to ship operators and placing
greater expectations upon ship builders to produce vessels with their end of
life in mind.
The work ends with the text of the Hong Kong Convention reproduced in
an appendix, together with a full biography and functional index.
As has been noted in the Series Editor’s Preface and Professor Chircop’s
foreword, this is a ground-breaking work, and will be the starting point for
researchers and students for the foreseeable future. The reviewer appreciated
the multi-disciplinary and national/international approach of the study, and
felt that the principal legal regimes were given due attention. A number of the
questions the reviewer had when embarking on reading the work were
answered, and a good deal more was learnt on the way. In truth, there were
some issues that were left under-developed, and the reviewer would have
appreciated a more penetrating analysis of these issues from such a specialist.
The problems posed by flagless or re-flagged vessels springs to mind, and
whilst it is discussed in various parts of the book, it really would have bene-
fited from being all pulled together in one section and discussed in more
depth. For example, which states are subject to which obligations under the
Basel Convention in the situation described in Chapter 2 (pp. 32–33) as a
vessel makes its final journey to Alang, India, for breaking? If an Indian cash-
buyer is the last owner as the vessel moves in from international waters, and it
is flagless as it is beached, is this an import? Ultimately, however, this work is
a very rewarding read. It covers much of this fascinating and complex area,
and Puthucherril is to be congratulated for producing such a competent,
engaging and accessible entry point to the subject.

Edward J. Goodwin
Lecturer in Law, School of Law, University of Nottingham, Nottingham, UK
OCEAN
YEARBOOK
.101!

26 Sponsored by the
International
Ocean Institute

IpDALHOUSIE
UNIVERSITY
MARINE &
ENVIRONMENTAL
LAW INSTITUTE

Sponsored by the Marine &

Environmental Law Institute
of the Schulich School of Law

Edited by
Aldo Ghircop, Scott Coffen-Smout, and Moira McConnell

M ARTIN US
NITHOFF
P U B L I S H E R S

LEIDEN • BOSTON
2012
 Contents vii
•
Maritime Transport and Security

Navies, the Law of the Sea and the Global System in the 21st Century,
Serge Bertrand 585
Admiralty Law, the Law of the Sea Convention and the Material Culture
of Historical Shipwrecks, J.N. Nodelman 599

Education and Training

Ocean Governance Education and Training: Perspectives from

Contributions of the International Ocean Institute,
Gunnar Kullenberg, Nassrine Azimi andMasako Bannai Otsuka 623
Applying Group-Learning Methods in Maritime Education and Training,
Rajendra Prasad, Maximo Q^Mejia,Jr. and Takeshi Nakazawa 655

Book Reviews

Julio Barboza, The Environment, Risk and Liability in International Law

(Jaye Ellis) 685
David D. Caron and Harry N. Scheiber, eds., The Oceans in the Nuclear Age:
Legacies and Risks (Alyn Ware) 689
David A. Colson and Robert W Smith, eds., International Maritime Boundaries
Volume VI Jon M. Van Dyke) 695
Seokwoo Lee and Hee Eun Lee, eds., Dokdo: Historical Appraisal and
International Justice (Sam Bateman and Vivian Louis Forbes) 699
Dan Malika Gunasekera, Civil Liability for Bunker Oil Pollution Damage
(Lesther Antonio Ortega Lemus) 705
Ted L. McDorman, Salt Water Neighbors: International Ocean Law Relations
between the United States and Canada (Wendell J. Sanford) 709
Mary Ann Palma, Martin Tsamenyi and William Edeson, Promoting Sustainable
Fisheries: The International Legal and Policy Framework to Combat Illegal,
Unreported and Unregulated Fishing (Tore Henriksen) 712
Tony George Puthucherril, From Shipbreaking to Sustainable Ship Recycling:
Evolution of a Legal Regime (Amy E. Moen) 720
Dawn A. Russell and David L. VanderZwaag, eds., Recasting Transboundary
Fisheries Management Arrangements in Light of Sustainability Principles:
Canadian and International Perspectives (Stuart Kaye) 724
720 Book Reviews

The purpose of the book is to analyze the concept of IUU fishing and
examine the measures used to address IUU fishing, including the practice by
RFMOs and states. The purpose is well fulfilled through analyses of the concept
and the legal and political bases for addressing IUU fishing and the measures to
be taken by the different actors presented, following the structure of the IPOA-
IUU. This provides the reader with a good overview of the different measures
available. However, a weakness is the danger of separated and isolated analyses
and that issues are not addressed in context. One example is the IUU concept in
itself. The analysis of the concept is interesting, but the authors should have,
based on their critique, investigated the legal consequences and usefulness of
operating with such vague concept. The focus is more on presenting the differ-
ent measures to be taken by different actors. As the authors point to the global
character of IUU fishing, a better way of handling the measures would have
been to address them thematically and not actor by actor. Chapter 8 is an exam-
ple of such a thematic approach.
Overall, the book provides an excellent overview of the different measures
available and in use at the moment. It is also positive that possible future meas-
ures are identified. However, in some chapters the presentations are too detailed.
The book is recommended for all interested in an overview of the IUU fishing
concept and measures taken to address the issue.
Tore Henriksen
Professor, Faculty of Law
University of Troms0, Norway

Tony George Puthucherril, From Shipbreaking to Sustainable Ship Recycling: Evolution

of a Legal Regime (Leiden: Martinus Nijhoff, 2010), 290 pp.

On 19 May 2009, the International Maritime Organization (IMO) finalized and

adopted the text for the Hong Kong International Convention on the Safe
and Environmentally Sound Recycling of Ships, 2009 (Ship Recycling Conven-
tion, Convention or SRC). In the wake of that major development, the publica-
tion of From Shipbreaking to Sustainable Ship Recycling: Evolution of a Legal Regime is a
most welcome event in the scholarship of the international law of sustainable
development.
This book is not about the new Ship Recycling Convention as a solution to
the ills of modern-day ship breaking on the Indian subcontinent. Nor should it
be. The focus instead is properly on the history and development an international
regulatory regime to govern the modern practice of beaching and "breaking"
ocean-going ships in order to recover the steel, all the while exposing the coastal
environment and workers to the hazardous materials that are embedded in the
structure of those ships.
 Book Reviews 721

The focus of this book is on the need for global regulation of the industry
and on the tightly choreographed steps that have been taken by international
lawmakers and the IMO to attempt to so regulate it. The key word is 'regulate'
because, as the author points out, altogether ceasing the practice of ship recycling
would be an undesirable outcome for all involved. Local economies would be
starved of jobs and steel, and end-of-life ships would become floating hazards,
prone to destruction or dumping at sea and the concomitant leaching of hazard-
ous materials to the ocean environment through corrosion.
The book begins with an in-depth examination of the global business that
is ship breaking. This is necessary in order to lay the foundation for a critical
analysis of the proposed solutions to and legal regulation of the problematic
industry. Ship breaking and ship recycling are inseparable from the economics
of the shipping industry, the markets for scrap steel and other recoverable mate-
rials, and also the practical realities of the land-based treatment of hazardous
wastes. Compounding the issue is the fact that all of the above occurs in a glo-
balised context, with the waste generated in and economic benefits accruing to
developed and comparatively wealthier nations, while the grave harm to work-
ers and the ecological assault on coastal areas are felt entirely in the developing
world. The book accurately and poignantly articulates the complexities of the
industry and the challenges to sustainable development therein.
The book contends that it is a direct result of the globalised nature of the
industry that the regulation of ship breaking within one nation is ineffective.
The author here draws on his background in Indian national law to tell the story
of a movement born in the judiciary to improve the situation of the local envi-
ronment and the people working particularly in the Alang shipyard in the Indian
state of Gujarat. Ultimately, the Indian judiciary has backed down from its cru-
sade after watching ships and ship breaking traffic migrate to the shores of
Chittagong in neighboring Bangladesh. It is a classic case of race-to-the-bottom
globalization in an industry that has always had the advantage of sailing on to
the next available best-price unregulated option.
The Ship Recycling Convention did not emerge from the mist and fog of
international law; it has had many antecedents. The book discusses several partly
relevant international laws pertaining to the ship recycling industry, and other
seemingly less relevant laws that arguably could be brought to bear on the prob-
lems associated with current practice. Notably, however, none of those laws spe-
cifically addresses this practice or this industry to the degree required to effect
actual change.
The author acknowledges that several environmental non-governmental
organizations (ENGOs) have promoted application of the Basel Convention on
the Control of Transboundary Movements of Hazardous Wastes and their
Disposal, 1989 (Basel Convention) to the import and export of ships as hazardous
waste, in this case in a typically North-South fashion from wealthier to poorer
nations, which the Basel Convention was specifically designed to regulate. The
focus of the book though, and the larger series for that matter, is sustain-
able development. The problem with the Basel Convention as applied to ship
722 Book Reviews

breaking is that it is unlikely to be economically sustainable given its potential for

liability accruing to the powers that be (ship-owners and brokers) and the effect
on the scrap steel market, which has the unfortunate knock-on effect of dimin-
ishing environmental or human rights gains to be had, because in this day and
age what cannot be done economically is unlikely to be done at all.
The author first analyses and then concludes that the pre-existing non-
specific and piece-meal legal regime was incapable of addressing the need for a
globally regulated industry and that a stand-alone binding legal instrument is
necessary to promote and ensure sustainable ship recycling. The book then looks
to the new Ship Recycling Convention to determine if that Convention is capa-
ble of responding to environmental and human labor concerns, that is, if it is
capable of producing a sustainable ship recycling industry. Finally, finding
the SRC lacking, the author provides suggestions for further development of the
legal regime and implementation of the Convention in ways that could better
approach the desired outcomes.
A helpful Appendix includes the full text of the Ship Recycling Convention,
including its Annex of detailed Regulations for the Safe and Environmentally
Sound Recycling of Ships and the Appendices to the Convention, which include
forms for the Inventory of Hazardous Materials and related endorsements as
well as the Ready for Recycling Certificate, Authorization of Ship Recycling
Facilities and other reporting requirements.
A comprehensive bibliography attests to the wealth of materials consulted
during research. Many of these are primary source documents from foreign
states that are otherwise difficult for a lay researcher to know about, let alone
obtain, and thus the book is an excellent and necessary starting point for any
further research into this emerging field.
The benefit of Puthucherril's analysis is that, despite its being an objective
and comprehensive scholarly examination, the author pulls no punches and is
not afraid to use terminology such as "environmental racism" (p. 51). In fact, the
best feature of the work is the author's access to and familiarity with the case law
of the Indian Supreme Court. Of great interest to those involved in environ-
mental litigation is the narration of what can now be seen as the Indian court's
regression from innovative development of the principle of distributive justice in
environmental law, toward a view that perhaps "[human] suffering is perfectly
justified as it brings in economic benefits" (p. 97) through a succession of rulings
that favor market forces over environmental and human rights protection. Impor-
tantly, the author analyses the national regulatory scheme according to princi-
ples of international environmental law, thereby making the material accessible
to lawyers and academics around the world.
Of great advantage, too, is the final section of the book, which asks
and addresses the question: what needs to be done to develop an international
legal regime in order to move to sustainable ship recycling? The work goes
beyond being a primer or a textbook. It is important for the questions it asks,
more so even than the questions that it answers. One of many examples is the
 Book Reviews 723

question, despite the years of work that went into the text, how will the Conven-
tion be implemented and will there be loopholes large enough to freely sail a
freighter through. For instance, if the information provided by a ship-owner to
the recycling facility is incomplete, or if other reasons occur at or after the
point of entry into importing state waters, can the ship be repatriated to the flag
state? Puthucherril has provided a strong basis from which to pose such
questions.
While the book asks and addresses the central question: does the SRC con-
tribute to sustainable ship recycling, it may have been more appropriate to ask:
can the SRC contribute to ship recycling? Whereas this book operates from an
assumption that the Convention will enter into force, albeit acknowledging that
"it comes too late in the day," at this juncture just a year or so later, the central
question seems to be: will the SRC ever be binding international law? As of the
summer of 2011, two years after the adoption of the convention text at the Hong
Kong Conference and now at the close of the term for signature, there are just
five signatories to the Ship Recycling Convention (being France, the Netherlands,
Italy, Saint Kitts and Nevis, and Turkey). None of the five have ratified and so
the Convention has no State Parties. Of those signed, none are big enough play-
ers in the industry to either make an impact on the practice or to trigger the
entry into force provisions of the Convention. Moreover, the IMO has done little
(publicly) to promote the signature and ratification of the Convention by requi-
site interested states. The Ship Recycling Convention has fallen off the radar of
the global shipping industry.
The author explains that the primary reason the Basel Convention could
not be made to apply to ship breaking was because "its application to the ship
recycling industry was strongly opposed by certain powerful shipping interests"
(p. 194). Although the author notes that the shipping industry's "line of reason-
ing is flawed" (p. 114), it is not clear why their opinion should matter. It is not fair
to say that those being regulated by or made subject to the law ought to decide
its applicability or effectiveness. Rather, it is up to the nations affected by North-
South transfers of hazardous wastes to seek to implement the Basel Convention.
Technical assistance and development of the capacity to do so is the job of the
Basel Secretariat and the Annex I countries that are bound to that existing and
enforceable international law. Why would nations ask the shipping industry
whether they would prefer to face liability and sanction for their overt environ-
mental racism?
Furthermore, if the political will to apply the Basel Convention is non-
existent, why should we presume the political motivation to make the Ship
Recycling Convention binding international law will suddenly materialize? If
by some miracle it does and the Convention comes into force and reaches an
implementation phase, will there not be equal opposition from "certain powerful
shipping interests" (p. 194) to the application of that Convention in the face
of rising costs for stripping hazardous materials and a falling price for scrap
steel?
724 Book Reviews

Despite a lack of concrete answers to these possibly unanswerable

questions, the book is a fundamental entree into the notion of sustainable ship
recycling. Although sustainability in this practice is far from being actualized, the
book is an invaluable resource for those who are charged with upholding the
commitments made through the IMO and other forums. This book should be
beached upon the desk of every interested official and party in, or connected to,
the shipping industry.
Amy E. Moen
LL.B. (Dalhousie)
Halifax, Canada

Dawn A. Russell and David L. VanderZwaag, editors, Recasting Tmnsboundary

Fisheries Management Arrangements in Light of Sustainability Principles: Canadian and
International Perspectives (Leiden: Martinus Nijhoff, 2010), 544 pp.

The importance of fisheries to the international community cannot be under-

stated. The average per capita consumption of fish on Earth was a little over
16 kilograms in 1997,2 with averages significantly higher in coastal areas and
island States. As such, a substantial portion of humanity relies upon the sea for
its protein intake, and the state of world fisheries is of great importance to the
long term well being of billions of people.
Among the greatest challenges in the preservation and sustainable use of
world fisheries is transboundary regulation. In many parts of the world, fisheries
straddle international maritime boundaries between States or extend into areas
beyond national jurisdiction. Such fisheries require cooperation in their manage-
ment, and such management regimes have, since the 1990s, been increasingly
informed by principles rooted in sustainability. Recasting Transboundary Fisheries
Management Arrangements in Light of Sustainability Principles: Canadian and International
Perspectives considers the nature of fisheries management regimes in the light of
the increasing use of a variety of legal approaches designed to yield this desired
sustainability dividend.
The book commences with a short introduction from Lori Ridgway, a
former director of International Policy and Integration of Fisheries and Oceans
Canada. In many ways the introduction sets the scene. At the most basic level,
it provides a succinct summary of the book, but at a more subtle level, it

2. See <http://www.feap.info/economics/Tradebalance_en.asp-

  
   
  
 
  

 

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