The International Regulation of Transboundary Traffic in Hazardous Wastes: the 1989 Basel Convention

Abstract

IN response to the growing worldwide awareness of the problem of international traffic in hazardous wastes, the Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal (the Basel Convention), elaborated under the auspices of the United Nations Environment Programme (UNEP), was adopted in 1989. This treaty, which entered into force on 5 May 1992, constitutes the first attempt at comprehensive regulation of international transport and disposal of hazardous wastes on a global level. Previously, the issue was addressed by international law only in an incomplete and fragmentary fashion. Customary law relating to pollution control provides a number of basic rules.' Thus, no State may use its territory-or permit it to be used-to inflict serious harm on the environment of other States; in carrying out or permitting potentially hazardous activities under their jurisdiction or control, States have the obligation to exercise due diligence.' Principle 21 of the Stockholm Declaration' laid the foundation for recognising a duty on every State to refrain from activities within its territory which result in serious harm to the environment, regardless