By Jan Albers
The time period “hazardous wastes” covers a variety of disused items and construction wastes generated not just in business sectors, but additionally in all components of daily life. harmful wastes are to a wide volume shipped via sea to 3rd international locations for recycling or disposal. whereas the procedural standards for such events are specified by the 1989 Basel conference, specific principles of accountability and legal responsibility for ensuing damages are neither supplied by way of the Basel conference nor by means of different foreign conventions. The legal responsibility Protocol to the Basel conference of 1999 has now not but entered into strength. This e-book examines the present principles of accountability and legal responsibility utilising to States and personal folks and descriptions the stipulations less than which legal responsibility can be incurred. to that end, the benefits and shortcomings of the 1999 legal responsibility Protocol are analyzed. even if this Protocol faces enormous political headwind, from a criminal viewpoint it contains mostly priceless and moderate ways and may as a result be ratified.
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Extra info for Responsibility and Liability in the Context of Transboundary Movements of Hazardous Wastes by Sea: Existing Rules and the 1999 Liability Protocol to the Basel Convention
It does not comprise solely the economic activity of selling and shipping a tradable good from one place to another; rather it involves the fundamental issues of equal opportunity and equal treatment of humans around the world, a global allocation of responsibilities, the sharing of resources and economic benefits on a global scale, and the right to participate in global trade activities including the right to draw benefits. I. Private Parties Private parties are the main participants and factors in the field of hazardous waste shipments.
Wynne, ‘The Toxic Waste Trade’, 11 TWQ (1989), at 130. van Daele/Vander Beken/Dorn, ‘Waste Management and Crime’, 37 Envtl. Pol’y & L. (2007), at 36; O’Neill, ‘Out of the Backyard’, 7 J. Env. & Dev. (1998), at 147. g. van Daele/Vander Beken/Dorn, ‘Waste Management and Crime’, 37 Envtl. Pol’y & L. (2007), at 36. 72 Kummer, The Basel Convention (1995), at 7; For a critical examination of the ‘‘tip of the iceberg theory’’ see Montgomery, ‘Reassessing the Waste Trade Crisis’, 4 J. Env. & Dev. (1995), at 13–20.
See for example the enumerations in Annex I of the Basel Convention. See also Gwam, ‘Adverse Effects of the Illicit Movement of Hazardous Wastes’, 14 Fla. J. Int’l L. (2001/2002), at 431–432; Krueger, International Trade and the Basel Convention (1999), at 7–8 and 99–106. 11 See for example the characteristic listed in Annex III of the Basel Convention. 12 Basel Convention, Article 13(3)(b). int. 14 See for a detailed analysis: COP10 Doc. ), Zehn Jahre Basler Übereinkommen (1999), at 14–15; Walsh, ‘The Global Trade in Hazardous Wastes’, 42 Cath.