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Limitations Of A National Response To Regulate The Global Shipbreaking Industry: A Study Of The Indian Experience

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Chapter Summary

Analysis of the Indian regulatory experience concerning the ship scrapping industry, which includes the legislative response focussing on the rules and regulations applicable in Alang and the jurisprudence developed by the Indian Supreme Court on shipbreaking, reveals the limited success national governments have had in adequately regulating this industry. The arrival of the toxic ships, the 'Riky', the 'Clemenceau', and the 'Blue Lady' in Indian waters and the foot-dragging response by both the executive and the judiciary in spite of the comprehensive regulatory framework, demonstrates the sway of market forces and the inability of national laws to regulate this global industry. An examination of these facets of the Indian regulation of the shipbreaking industry shows that there is the need for a sound international legal regime to facilitate movement from shipbreaking to sustainable ship recycling.

Keywords: Alang; global shipbreaking industry; Indian Supreme Court; Indian waters; international legal regime; national governments; regulate; ship recycling; toxic ships



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