Chapter 7: The potential of other legal fields to address loopholes in ship recycling regimes
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This chapter explores mechanisms deriving from other legal fields, which may contribute towards a more effective and comprehensive regulatory landscape. Mechanisms deriving from other legal fields can contribute to filling certain loopholes arising from the interaction of the two key international regimes, particularly relating to outflagging practices and the evasion of liability by the multiple private actors involved in ship recycling. The international specialised regimes on ship recycling can be supplemented through mechanisms from other legal fields relating to civil liability, referring both to national tort law trends for transnational corporate liability and the proposal for an EU Directive on Corporate Sustainability Due Diligence; criminal liability, focusing on the proposal to revise the EU Environmental Crime Directive to include a ship recycling offence; and financial incentives.