COMMENTS ON THE ANALYSIS OF THE BASEL CONVENTION'S SECRETARIAT REGARDING HAZARDOUS AND OTHER WASTES GENERATED ON BOARD SHIPS

The Center for International Environmental Law (CIEL) argues that the Basel Convention's Secretariat has created legal loopholes by concluding that the Convention's transboundary movement (TBM) and environmentally sound management (ESM) obligations do not apply to wastes generated on board ships. CIEL proposes that 'marine area' and 'area under national jurisdiction' should be interpreted to include a coastal State's internal waters, territorial sea, and exclusive economic zone (EEZ), as well as the ships themselves under flag-State jurisdiction. While CIEL agrees that wastes from 'normal operations of a ship' covered by Marpol are excluded under Article 1(4), it asserts that industrial wastes generated on board vessels fall within Basel's scope. The document emphasizes the principles of 'systemic integration' and 'effet utile' to ensure the Convention effectively protects human health and the environment from illegal waste movements, citing the 2006 Probo Koala incident as a primary example of the risks posed by such loopholes.

• The Revised Legal Analysis is criticized for ignoring the principles of 'systemic integration' and 'effet utile', which CIEL argues are essential for ensuring the Convention is interpreted meaningfully and coherently with other international laws, such as the law of the sea.
• CIEL argues that non-Marpol wastes generated in a coastal State's internal waters, territorial sea, and exclusive economic zone (EEZ) should be subject to Basel's transboundary movement (TBM) obligations because these are 'marine areas' under national jurisdiction.
• To close gaps in the high seas, CIEL proposes a jurisdictionally focused interpretation where a ship itself is regarded as a 'marine area' subject to the jurisdiction of its flag-State, thereby making TBM obligations applicable to wastes generated on board.
• CIEL disputes the Revised Legal Analysis's conclusion that the term 'within it' in Article 4.2 refers only to a State's physical territory, arguing instead that 'Party' should be understood as a legal actor with jurisdictional competences, including flag-State jurisdiction.
• The document endorses the conclusion that wastes from the 'normal operations of a ship' covered by Marpol are excluded from the Basel Convention under Article 1(4), but clarifies that industrial processes on board ships are not considered 'normal operations' and thus fall under Basel's scope.
• CIEL asserts that once Marpol wastes are offloaded to a port reception facility, they cease to be covered by Marpol and the Basel Convention's requirements apply fully from that moment.

APA

Center for International Environmental Law (2012). COMMENTS ON THE ANALYSIS OF THE BASEL CONVENTION'S SECRETARIAT REGARDING HAZARDOUS AND OTHER WASTES GENERATED ON BOARD SHIPS. https://www.ciel.org/wp-content/uploads/2014/10/Comments_LegalAnalysis_Ships_Dec2012.pdf

Chicago

Center for International Environmental Law. COMMENTS ON THE ANALYSIS OF THE BASEL CONVENTION'S SECRETARIAT REGARDING HAZARDOUS AND OTHER WASTES GENERATED ON BOARD SHIPS. 2012. https://www.ciel.org/wp-content/uploads/2014/10/Comments_LegalAnalysis_Ships_Dec2012.pdf.

Wikipedia

{{cite press release |author=Center for International Environmental Law |title=COMMENTS ON THE ANALYSIS OF THE BASEL CONVENTION'S SECRETARIAT REGARDING HAZARDOUS AND OTHER WASTES GENERATED ON BOARD SHIPS |date=1 December 2012 |url=https://www.ciel.org/wp-content/uploads/2014/10/Comments_LegalAnalysis_Ships_Dec2012.pdf |access-date=17 August 2026 |via=Climate Insights Directory}}

BibTeX

@misc{centerforinternationalenvironmentallaw2012comments, author = {{Center for International Environmental Law}}, title = {{COMMENTS ON THE ANALYSIS OF THE BASEL CONVENTION'S SECRETARIAT REGARDING HAZARDOUS AND OTHER WASTES GENERATED ON BOARD SHIPS}}, publisher = {Center for International Environmental Law}, year = {2012}, month = dec, url = {https://www.ciel.org/wp-content/uploads/2014/10/Comments_LegalAnalysis_Ships_Dec2012.pdf}, urldate = {2026-08-17}, note = {Indexed by Climate Insights Directory} }