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Breaking Basel: The elements of the Basel Convention and its application to toxic ships

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  • Moen, Amy E.

Abstract

Developing nations seeking to apply the Basel Convention on the Control of Transboundary Movements in Hazardous Wastes to prevent toxic ships from entering their waters for shipbreaking are faced with legal uncertainty. This paper responds to that uncertainty by adopting a definition of the offence of illegal traffic in end-of-life ships, and further proposing evidentiary burdens and potential sources of proof for that offence. While a shipowner's intention to scrap a ship for its value in steel was previously difficult to prove, recent market analysis of the shipbreaking industry provides potential proof sufficient to halt the importation of a toxic ship.

Suggested Citation

  • Moen, Amy E., 2008. "Breaking Basel: The elements of the Basel Convention and its application to toxic ships," Marine Policy, Elsevier, vol. 32(6), pages 1053-1062, November.
    • Handle: RePEc:eee:marpol:v:32:y:2008:i:6:p:1053-1062
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    Cited by:

    1. Omar M. ElMenshawy & M. Ali Ülkü & Juliana Hsuan, 2024. "Navigating Green Ship Recycling: A Systematic Review and Implications for Circularity and Sustainable Development," Sustainability, MDPI, vol. 16(17), pages 1-23, August.
    2. Georgios Samiotis & Konstantinos Charalampous & Vasileios S. Tselentis, 2013. "Recent Developments in the Institutional Framework of Ship Recycling and the Positive Impact on International Ship Dismantling Practices," SPOUDAI Journal of Economics and Business, SPOUDAI Journal of Economics and Business, University of Piraeus, vol. 63(3-4), pages 158-171, July.
    3. Demaria, Federico, 2010. "Shipbreaking at Alang-Sosiya (India): An ecological distribution conflict," Ecological Economics, Elsevier, vol. 70(2), pages 250-260, December.

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