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

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 shipownerʹs 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.