Proposal for a Shipbreaking Liability Certificate and Shipbreaking Insurance
摘要
The Chapter introduces and explains a global civil liability (shipbreaking liability certificate or SLC) framework, addressing the main research question: what liability framework is required to make the maritime industry accountable for the harm to human life and health (workers’ deaths, physical injuries, and work-related diseases) in major shipbreaking countries? The SLC framework proposed in this chapter is necessarily an international compensatory legal framework filling in the gaps of having only preventive mechanism in the Hong Kong Convention. An underlying feature of the SLC framework is a requirement for overlapping (or concurrent) insurance during the shipbreaking process and, therefore, joint liability (i.e., sharing of costs between the last shipowner and the shipbreaking facility) for any worker compensation claim that arises during the breaking of the ship. The overlapping insurance is aimed to be achieved by the dual SLCs (i.e., the SLC held by the last shipowner and the SLC held by the shipbreaking yard) in place during the shipbreaking process. The proposed SLC is thereby to practically follow the ‘cradle to grave’ (or a ‘shipyard to shipbreaking yard’) approach for all shipowners involved in the shipbreaking business chain and make them accountable for the human harms in breaking ships.