By Jan Albers
The time period “hazardous wastes” covers a variety of disused items and construction wastes generated not just in business sectors, but in addition in all parts of lifestyle. damaging wastes are to a wide quantity shipped via sea to 3rd international locations for recycling or disposal. whereas the procedural standards for such routine are specified by the 1989 Basel conference, particular ideas of accountability and legal responsibility for ensuing damages are neither supplied by way of the Basel conference nor via different overseas conventions. The legal responsibility Protocol to the Basel conference of 1999 has now not but entered into strength. This publication examines the present ideas of accountability and legal responsibility employing to States and personal individuals and descriptions the stipulations less than which legal responsibility might be incurred. to that end, the benefits and shortcomings of the 1999 legal responsibility Protocol are analyzed. even supposing this Protocol faces titanic political headwind, from a criminal viewpoint it contains mostly necessary and average techniques and will for that reason be ratified.
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Additional 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
Sample text
10/INF/4, at 12–14, 17. 84 All these factors lead to the economically driven incentive to not dispose of hazardous wastes at the place of generation, but to move them to other States for disposal. However, the increase in the amount of transboundary movements of hazardous wastes is not the only consequence. Due to the strict laws on waste shipments, particularly in developed countries, the recent development shows that in fact entire production processes, which are very waste-intensive, are moved to developing countries with less stringent laws.
Thus, they often have a considerable positive economic value and—from an economic perspective—are to be considered as standard tradable goods. 37 Regarding the trade in standard goods, the interests of the parties involved are balanced such that both the shipper and the consignee seek to ensure that the traded goods finally arrive at the consignee’s place. 38 The consignee, in turn, having decided to purchase these goods, thus, has a genuine interest in taking delivery. Both parties, therefore, have an intrinsic economic interest in a sound and safe transport and delivery of the goods.
3 The term hazardous wastes (generally used synonymously with the terms toxic or dangerous wastes) is commonly understood as denoting wastes that are actually or potentially harmful to human health or the environment due to certain adverse characteristics or specific components of the wastes. 4 The hazardousness of wastes is usually defined by a combination of two elements, (1) the category of the waste stream, which is determined either by its origin or by certain compounds, and (2) certain hazardous characteristics or properties of these wastes.