With this study I will attempt to look at the provisions of the new Hong Kong Convention and by comparing them with the basic elements of the Basel Convention see what legal problems there are and if they have been solved by the introduction of the new Convention and whether it establishes an equivalent level of control.
After a look at the background of the new Convention, a brief review of the basic provisions will follow, before analysing some of the basic central elements that has to do with ship breaking in the Basel Convention. The next point of this study will be to look at the equivalence level of the new Convention and point out some of the flaws, but also some of the qualities of the new Convention. Finally, the author will see what generally can be done in order to strengthen the international legal regime dealing with ship recycling.
As will be seen the Basel Convention fits well within the regime of transboundary movement of hazardous waste when it comes to ship, but as said above the Convention is not absolute. Some major gaps have be observed first after application of the Convention to the maritime industry. As a matter of fact this is one of the reasons for the creation of the new Hong Kong Convention.