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Responsibility and liability in the context of transboundary movement of hazardous wastes by sea - Existing rules and the 1999 Liability Protocol to the Basel Convention

Author
Albers J.
Date
2015
Source
IUCN (ID: MON-094134)
Publisher | Place of publication
Springer Science+Business Media Deutschland GmbH | Berlin, Germany
ISBN
978-3-662-43349-2
Pages
370 p.
Document type
Monography/book
Language
English
Field of application
International
Subject
Waste & hazardous substances
Keyword
Hazardous waste Transport/storage Waste management Liability/compensation International trade
Abstract

The term “hazardous wastes” covers a wide range of disused products and production wastes generated not only in industrial sectors, but also in all areas of everyday life. Hazardous wastes are to a large extent shipped by sea to third countries for recycling or disposal. While the procedural requirements for such movements are laid out in the 1989 Basel Convention, explicit rules of responsibility and liability for resulting damages are neither provided by the Basel Convention nor by other international conventions. The Liability Protocol to the Basel Convention of 1999 has not yet entered into force. This book examines the existing rules of responsibility and liability applying to States and private persons and outlines the conditions under which liability may be incurred. Subsequently, the advantages and shortcomings of the 1999 Liability Protocol are analyzed. Although this Protocol faces substantial political headwind, from a legal perspective it includes principally useful and reasonable approaches and should therefore be ratified.

Website
www.springer.com

Other references

Treaty

Basel Protocol on Liability and Compensation for Damage Resulting from Transboundary Movements of Hazardous Wastes and their Disposal

Treaty | Multilateral | Basel |

Keyword: Legal proceedings/administrative proceedings, Dispute settlement, Transport/storage, Hazardous waste, Waste disposal, Transboundary movement of waste, Pollution control, Liability/compensation, PIC-prior informed consent, Enforcement/compliance, Recycling/reuse, Offences/penalties, Technology transfer, Waste management, Data collection/reporting

Source: IUCN (ID: TRE-001341)

Treaty

Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal

Treaty | Multilateral | Basel |

Keyword: Waste disposal, Technology transfer, Transport/storage, Hazardous waste, Pollution control, Data collection/reporting, Enforcement/compliance, Legal proceedings/administrative proceedings, Waste management, Offences/penalties, Recycling/reuse, Dispute settlement, Transboundary movement of waste, Liability/compensation

Source: IUCN (ID: TRE-001003)