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.
3. The Basel Convention: origins and principles
6. Ships as waste—the elements
7. Failure of ESM—importing state
8. Legal definition: ship is waste
9. Shipowners’ intention to discard
10. The shifting burdens15
Appendix A. Appendix
Appendix B. Appendix
Appendix C. Appendix
Published in: Marine Policy. Volume 32, Issue 6, November 2008, Pages 1053-1062
Author: Amy E. Moen
, Dalhousie Law School 6061 University Avenue, Halifax, NS, Canada B3H 4H9
Tel.: +1 902 402 5587; fax: +1 902 494 1316.
Received 6 February 2008; accepted 7 March 2008.
Source: Science Direct.