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The Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and Their Disposal: A Legal Misfit in Global Ship Recycling Jurisprudence
| Content Provider | Semantic Scholar |
|---|---|
| Author | Ahmed, Ishtiaque |
| Copyright Year | 2020 |
| Abstract | The Basel Convention has tempted developed nations into the practice of exporting hazardous waste into undeveloped nations' territories simply for money in the name of recycling. Being extremely business unfriendly, particularly for the recycling industry, this convention has not been welcomed by many developing nations, leading to serious policy and legal uncertainty in those jurisdictions. However, in the absence of any dedicated, enforceable international legal instrument, the Basel Convention currently remains the foundation of ship-recycling jurisprudence in the domestic courts of all dominant, ship-recycling states and the rest of the world, and the basis for curbing the movement of end-of-life ships proceeding to undeveloped states for recycling. Considerable debate exists amongst major stakeholders about the Basel Convention's application to end-of-life ships. Stakeholders associated with global shipping and the ship-recycling industry, including the governments of ship-owning states, firmly maintain that the Convention does not apply to the cross-border movement of end-of-life ships. On the other side, environmental activists strongly argue that the Convention should regulate end-of-life ships as hazardous waste. Through a doctrinal analysis breaking down key terms and provisions, this article seeks to address the contentious questions on the Basel Convention's relevance to end-of-life ships and their movement. Cite as: Ishtiaque Ahmed, The Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and Their Disposal: A Legal Misfit in Global Ship Recycling Jurisprudence, 29 WASH. INT'L L.J. 411 (2020). † Ishtiaque Ahmed, J.S.D., University of Maine School of Law, USA; LL.M. (Maritime Law), University of London in Association of Queen Mary and UCL; LL.B (with Honors), University of London; Member, Chartered Institute of Arbitrators, London (MCIArb)), is an Assistant Professor & Chair, Department of Law, North South University and Non-Resident Visiting Scholar and Affiliate Faculty, Center for Oceans and Coastal Law at the University of Maine School of Law. This article is an adapted version of a chapter of the author's doctoral dissertation, and he would like to thank his doctoral supervisor, Professor Charles H. Norchi, J.S.D (Yale), and Professor Martin A. Rogoff and Timothy Steigelman, esq. for their useful comments on that chapter. The author also gratefully acknowledges the able research assistance of Sajid Hossain of North South University. All errors or inadequacies are the author's alone. 412 WASHINGTON INTERNATIONAL LAW JOURNAL VOL. 29 NO. 2 |
| File Format | PDF HTM / HTML |
| Alternate Webpage(s) | https://digitalcommons.law.uw.edu/cgi/viewcontent.cgi?article=1836&context=wilj |
| Language | English |
| Access Restriction | Open |
| Content Type | Text |
| Resource Type | Article |
