SHIPBREAKING AND THE BASEL CONVENTION - AN ANALYSIS

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Greenpeace International

2003

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SUMMARY:

Ships destined for shipbreaking are "wastes" as defined by the Basel Convention, and in most

cases are likely to contain hazardous substances to an extent rendering such ships "hazardous

waste" under the Convention. When such ships destined for shipbreaking involve a transboundary

movement, i.e., move from an area under the national jurisdiction of one state to or through an area

under the national jurisdiction of another state, they are subject to the Basel Convention (and other

applicable regional hazardous waste trade regimes). In the case that such ships move from an

OECD country to a non-OECD country, the Basel ban applies and the movement is prohibited.

Furthermore, under the Basel Convention, a transboundary movement from any state to any of the

shipbreaking operations in non-OECD countries, e.g., India, is prohibited because, due to the

conditions in the shipbreaking yards, it would not constitute "environmentally sound management"

as required by the Convention.