International Management of Hazardous Wastes: The Basel Convention and Related Legal RulesUncontrolled transboundary transfer of hazardous wastes was recognized as a major environmental problem in the mid-1980's and it continues to be one of the most serious environmental issues we face at the end of this century. The international community has responded by elaborating pertinent international agreements. Treaties are now in place at global and regional levels, and additional ones are being negotiated. Despite their common aim of protecting the environment against the ill-effects of hazardous wastes, they often differ in stringency as well as scope and membership. This book analyses the key treaties and other international legal rules on the control of transboundary movements of hazardous wastes. It identifies inconsistencies, gaps, and overlaps, and proposes ways to build a comprehensive global regulatory system for the management of hazardous wastes by harmonizing relevant international legal rules. |
Contents
Preface to the paperback edition | xxiii |
The Contribution of the Basel Convention and Related Rules | xliii |
Table of Cases | xliv |
Table of Legal Instruments of EU and the OECD | lv |
Foreword | 1 |
Hazardous Waste Generation in the Future | 10 |
EXISTING AND EMERGING INTERNATIONAL LEGAL RULES RELEVANT TO | 16 |
G Sectoral Pollution Control Regimes | 25 |
CONCLUSIONS | 168 |
DUMPING AND INCINERATION OF WASTES AND OTHER NOXIOUS | 176 |
the purpose of dumping or incineration at sea | 186 |
CONCLUSIONS | 205 |
Existing and Emerging Rules on State Responsibility | 214 |
INSTITUTIONAL SUPERVISION | 227 |
The Contribution of Institutional Supervision to | 235 |
K Civil Liability Under the Global Waste Management Regime | 243 |
an Analysis and Assessment | 38 |
General Obligations | 55 |
E Restrictions on Transboundary Movements of Hazardous | 61 |
H Liability and Compensation | 72 |
Perceived Strengths of the Convention | 79 |
63 | 87 |
The Relationship between the Basel Convention and Legal | 96 |
THE BASEL CONVENTION AND ARTICLE 39 OF THE LOMÉ IV CONVENTION | 107 |
Scope of wastes covered | 109 |
THE BASEL CONVENTION AND THE NORTH AMERICAN BILATERAL | 113 |
Hazardous Waste Agreements Currently Under Discussion | 119 |
Ban on imports of hazardous wastes into Africa | 122 |
The Relationship Between the Basel Convention and the Waste | 126 |
B The EU Rules within the Framework of the Basel | 137 |
Is the Existing and Emerging EU Waste Management | 154 |
THE BASEL CONVENTION AND THE WASTE MANAGEMENT SYSTEM OF | 159 |
ESTABLISHMENT OF AN INTERNATIONAL HAZARDOUS WASTE | 250 |
O Contribution of the Hazardous Waste Funds to | 256 |
an Emerging Global Waste Management System | 261 |
Environmentally Sound Management of Hazardous Wastes | 272 |
F Conclusions | 278 |
K Conclusions | 284 |
Decision II12 of the Conference of the Parties to | 316 |
Lomé IV Convention 15 December 1989 Article 39 | 344 |
Agreement of Cooperation Between the United States | 351 |
EC Council Regulation on the Supervision and Control | 360 |
OECD Council Decision Concerning the Control | 400 |
London Convention on the Prevention of Marine Pollution | 421 |
Bibliography | 430 |
445 | |
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Common terms and phrases
1993 Regulation adopted Agenda 21 amended Annex apply ardous wastes Article 11 Bamako Convention Basel Convention regime Basel Convention's Birnie and Boyle Brown Weiss civil liability co-operation Commission competent authorities concept Conference Decision Consultative Meeting Contracting Parties damage disposal draft entry into force environmentally sound management established fund global waste management Greenpeace Group Handl and Lutz hazardous waste cycle illegal traffic implementation import incineration at sea issue Kiss Kwiatkowska and Soons land-based sources legal instruments legislation Lomé London Convention Maastricht Treaty Magraw management of hazardous marine pollution ment Montreal Protocol movements of hazardous notification obligations OECD Council operations paragraph polluter pays principle pollution from land-based principle prohibit proposed protection Protocol provisions radioactive wastes recovery recyclable wastes regional agreements relevant Report repr requirements Resolution responsibility rules shipment substances tion transboundary movements transit UNCLOS UNEP waste management regime wastes destined YBIEL