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) provides comments on a Revised Legal Analysis by the Basel Convention's Secretariat regarding hazardous wastes generated on board ships. CIEL argues that the Secretariat's analysis creates loopholes by excluding non-Marpol wastes generated on ships from the Convention's transboundary movement (TBM), generation, and environmentally sound management (ESM) obligations. CIEL proposes alternative interpretations based on the Vienna Convention on the Law of Treaties (VCLT), emphasizing that both coastal State jurisdiction (in internal waters, territorial seas, and EEZs) and flag-State jurisdiction (including on the high seas) should trigger Basel obligations for non-Marpol wastes.

• CIEL asserts that the Revised Legal Analysis fails to apply critical treaty interpretation principles, specifically 'systemic integration' and 'effet utile' (the principle of effectiveness), which are necessary to avoid gaps that could be exploited by 'unscrupulous operators and criminal gangs'.
• CIEL disputes the Secretariat's conclusion that Basel's TBM provisions never apply to wastes generated on ships. CIEL proposes a 'geographically focused interpretation' where non-Marpol wastes generated in a coastal State's internal waters, territorial sea, or exclusive economic zone (EEZ) are subject to TBM obligations, as these are 'marine area[s] under the national jurisdiction' of the State.
• CIEL proposes a 'jurisdictionally focused interpretation' to cover wastes generated on the high seas, arguing that a ship itself can be regarded as a 'marine area' under the 'national jurisdiction' of its flag-State, thereby making the flag-State responsible for TBM control mechanisms.
• CIEL criticizes the Revised Legal Analysis for concluding that Basel's obligations to minimize waste generation and ensure environmentally sound management (ESM) only apply 'within' a State's territory. CIEL argues that the term 'Party' should be interpreted jurisdictionally, meaning a flag-State is obligated to discharge these duties for wastes generated on its vessels regardless of geographical location.
• CIEL endorses the conclusion that wastes covered by the Marpol Convention are excluded from the Basel Convention via Article 1(4). However, it notes that industrial processes on board ships are not considered 'normal operations' under Marpol, meaning wastes from such processes fall under Basel's scope.
• CIEL identifies that Basel requirements apply to Marpol wastes once they are offloaded to a port reception facility, as they then cease to be covered by the Marpol regulatory framework.

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 report |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

@techreport{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}}, institution = {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} }