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Encyclopedia > Basel Convention

The Basel Convention (verbose: Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and Their Disposal) is an international treaty that was designed to reduce the movements of hazardous waste between nations, and specifically to prevent dumping of hazardous waste from developed to less developed countries (LDCs). The Convention is also intended to minimize the amount and toxicity of wastes generated, to ensure their environmentally sound management as closely as possible to the source of generation, and to assist LDCs in environmentally sound management of the hazardous and other wastes they generate. A treaty is a binding agreement under international law concluded by subjects of international law, namely states and international organizations. ... Hazardous waste is waste that poses substantial or potential threats to public health or the environment and generally exhibits one or more of these characteristics: ignitability corrosivity reactivity (explosive) toxicity Generally, toxicity is quantified through the use of the Toxicity Characteristic Leaching Procedure or TCLP test, as required by EPA... In economics, dumping can refer to any kind of predatory pricing, and is by most definitions a form of price discrimination. ... A developed country is a country that has achieved (currently or historically) a high degree of industrialization, and which enjoys the higher standards of living which wealth and technology make possible. ... A developing country is a country with low average income compared to the world average. ... Convention has at least two very distinct but related meanings. ... Look up toxic and toxicity in Wiktionary, the free dictionary. ...


The Convention was opened for signature on March 22, 1989, and entered into force on May 5, 1992. A list of parties to the Convention, and their ratification status, can be found on the Basel Secretariat's web page. Of the 166 parties to the Convention, Afghanistan, Haiti, and the United States have signed the Convention but have not yet ratified it. March 22 is the 81st day of the year in the Gregorian Calendar (82nd in Leap years). ... 1989 (MCMLXXXIX in Roman) is a common year starting on Sunday of the Gregorian calendar. ... May 5 is the 125th day of the year in the Gregorian Calendar (126th in leap years). ... 1992 (MCMXCII in Roman) was a leap year starting on Wednesday. ... Ratification is the process of adopting an international treaty, or a constitution or other nationally binding document (such as an amendment to a constitution) by the agreement of multiple subnational entities. ...

Contents


History

With the tightening of environmental laws (e.g., RCRA) in developed nations in the 1970s, disposal costs for hazardous waste rose dramatically. At the same time, globalization of shipping made transboundary movement of waste more accessible, and many LDCs were desperate for foreign currency. Consequently, the trade in hazardous waste, particularly to LDCs, grew rapidly. The Resource Conservation and Recovery Act (RCRA), enacted in 1976, is a Federal law of the United States contained in 42 U.S.C.A., §321. ...


One of the incidents which led to the creation of the Basel Convention was the Khian Sea waste disposal incident, in which a ship carrying incinerator ash from the city of Philadelphia in the United State after having dumped half of its load on a beach in Haiti, was forced away where it sailed for many months, changing its name several times unable to unload its cargo in any port, and ended up dumping much of it illegally at sea. On August 31, 1986 cargo ship Khian Sea, registered in Liberia, loaded more than 14. ...


Basel Ban Amendment

After the initial adoption of the Convention, some LDCs and environmental organizations argued that it did not go far enough. Many nations and NGOs argued for a total ban on shipment of all hazardous waste to LDCs. In particular, the original Convention did not prohibit waste exports to any location except Antactica but merely required a notification and consent system known as "prior informed consent" or PIC. Further, many waste traders sought to exploit the good name of recycling and begin to justify all exports as moving to recycling destinations. Many believed af full ban was needed including exports for recycling. These concerns led to several regional waste trade bans, including the Bamako Convention. A non-governmental organization (NGO) is an organization that is not part of a government and was not founded by states. ... The Bamako Convention (in full: Bamako Convention on the ban on the Import into Africa and the Control of Transboundary Movement and Management of Hazardous Wastes within Africa) is a treaty of African nations prohibiting the import of any hazardous (including radioactive) waste. ...


Lobbying at the 1995 Basel conference by LDCs, Greenpeace and key European countries such as Denmark, led to a decision to adopt the Basel Ban Amendment to the Basel Convention. Not yet in force, but considered morally binding by signatories, the Amendment prohibits the export of hazardous waste from a list of developed (mostly OECD) countries to developing countries. The Basel Ban applies to export for any reason, including recycling. An area of special concern for advocates of the Amendment was the sale of ships for salvage, shipbreaking. The Ban Amendment was strenuously opposed by a number of industry groups as well as nations including the United States and Canada. As of late-2005, 61 nations have ratified the Basel Ban Amendment; 62 are required for it to enter into force. The status of the amendment ratifications can be found on the Basel Secretariat's web page. The European Union fully implemented the Basel Ban in its Waste Shipment Regulation (EWSR), making it legally binding in all EU member states. Greenpeace is an international environmental organisation founded in Vancouver, British Columbia, Canada in 1971. ... The Organization for Economic Co-operation and Development (OECD) is an international organization of those developed countries that accept the principles of representative democracy and a free market economy. ...   The international symbol for recycling. ... Ship breaking or ship demolition involves breaking up of ships for scrap. ... 2005 (MMV) was a common year starting on Saturday of the Gregorian calendar. ...


References

  • CIA World Factbook, 2003 edition
  • Toxic Exports, Jennifer Clapp, Cornell University Press, 2001.
  • Basel Action Network website (www.ban.org)

World Factbook 2004 cover The World Factbook is an annual publication by the Central Intelligence Agency of the United States with basic almanac-style information about the various countries of the world. ... 2003 (MMIII) was a common year starting on Wednesday of the Gregorian calendar. ...

See also

The Bamako Convention (in full: Bamako Convention on the ban on the Import into Africa and the Control of Transboundary Movement and Management of Hazardous Wastes within Africa) is a treaty of African nations prohibiting the import of any hazardous (including radioactive) waste. ...

External links


  Results from FactBites:
 
Basel Agreement (1403 words)
The Issue The Basel Convention on the Control of Transboundary Movements of Hazardous Waste (hereafter referred to as the "Basel Convention" or "Convention") is the first global attempt to regulate and monitor the international transport of hazardous wastes.
One of the Convention's main objectives is to protect countries from uncontrolled dumping of toxic wastes within their borders emanating from foreign sources.
In the end, the Basel Convention produced twenty-nine articles and six annexes that regulate, from cradle to grave, all hazardous wastes that are to be shipped across national borders.
New England International and Comparative Law Annual - 1996 - The Basel Convention (6829 words)
Initially, the Basel Convention received unanimous recommendation from all the U.S. agencies that have an interest in the issue, including the Environmental Protection Agency ("EPA"), the Department of Commerce, the United States Trade Representative, the Department of Defense, and the Department of the Interior.
One reason for the United States' failure to ratify the Convention may be that implementing legislation required for ratification is an onerous and difficult task given that U.S. domestic and treaty law is far from satisfying the requirements of the Convention.
Basel Convention, supra note 18, at "Preamble" (affirming duty to protect human health and the environment with respect to the problems related to the transboundary movement of hazardous wastes and other wastes).
  More results at FactBites »


 
 

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