Transboundary Movements Of Hazardous Wastes Research Articles

Investigation of Efforts and Problems in Implementing the Basel Convention on the Control of Transboundary Movements of Wastes and Their Disposal in Nigeria

Pollution from toxic chemicals and hazardous waste from domestic and international sources are among the environmental challenges that Nigeria is facing. It is against this background that the country ratified the Basel Convention on the control of transboundary movements of hazardous wastes. This project was designed to discuss Nigeria's efforts in implementing and complying with the Convention. It relied on secondary sources of information such as published articles and books. The study finds that there is a potential threat to human health and the environment posed by the importation of used consumer electronics such as televisions, laptop computers, music systems, and mobile phones. The study results also show that there is a significant amount of waste that is dumped illegally over international borders and improperly managed, which is detrimental to the country's ecology, economic expansion, and public health. Heavy metals are introduced into the environment as a consequence of the unregulated disposal of hazardous waste and electronic trash that occurs across international borders. While the prevention of waste or its reduction should be of the utmost importance, waste treatment and disposal should be prioritized so that they are carried out as close as possible to its point of origin. It was also discovered that there is continuous sensitization of the people who have been dumping electronic garbage about the repercussions of their acts, and new regulations and legislation have been enacted to prevent this from happening again in the future. There is a need to strengthen institutions and effectively implement the laws to adequately protect human health and the environment against the adverse effects of waste.

Finding equitable solutions to the land-based sources of marine plastic pollution: Sovereignty as a double-edged sword

Marine litter is a global and transboundary pollution problem. Recent attention has focused on the impact of this issue on areas beyond national jurisdiction. In many cases, marine litter is traced to a coastal State where debris have been released into the sea. Effective and legally-binding commitments at the global level to tackle land-based sources of marine pollution are rare, in large part because of the sensitive nature of territorial sovereignty. When it comes to addressing the marine plastics crisis, sovereignty is a double-edged sword. On the one hand, the international legal regime traditionally addressing marine litter, the United Nations Convention on the Law of the Sea, does not specifically respond to, and is not able to adequately address, the issue of plastics as a land-based source of marine pollution. While it contributes to social equity by recognizing the special position of developing States in terms of capacity and need for economic development, this deference to domestic decisions is not conducive to the adoption of binding and global standards. Since a large majority of plastics in the oceans originate from land, this weakness is a major concern. On the other hand, sovereignty might contribute to a solution within the regime regulating trade in waste products: unilateral actions taken in application of sovereign powers and aimed at reducing trade in plastic waste led to major multilateral actions with the potential to reduce the issue of marine plastic pollution. In recent times, the Basel Convention on the Control of Transboundary Movements of Hazardous Waste and their Disposal has indeed become an important forum to respond to the plastic waste issue, with the potential to contribute to a solution to the marine dimension of this crisis. This regime is not perfect, especially in that its complexity and reliance on enforcement at the customs level leave ample opportunities for criminal activities to flourish. Areas for improvement include addressing the legal uncertainty regarding bilateral, regional, and multilateral agreements as well as certain key definitions; strengthening the prior informed consent procedure and the Mechanism for Promoting Implementation and Compliance; and heavily investing in capacity building and technology transfer. Nonetheless, this regime provides a widely-ratified framework to decrease trade in plastic waste considered hazardous or requiring special consideration – these two categories cover most hard-to-recycle plastics. In that sense, the Basel Convention regime has the potential to reduce mismanaged plastic waste leaking into the oceans and to contribute to social equity between States–if not domestically–by reducing the practice of wealthy countries using developing States as dumping grounds under the pretense of mutually beneficial trade in waste products.

An improved strategy for effectively managing the transboundary movement of waste based on the basel convention: A case study in South Korea

Despite the efforts made to minimize the illegal trafficking of hazardous waste and prevent environmental pollution worldwide in accordance with the 1989 Basel Convention (BC), the illegal transboundary movement of waste and associated environmental pollution are ongoing. This study proposes a three-stage theoretical approach to effectively managing this waste. In stage one, the Convention, including its 2019 revisions, stipulates six primary requirements: clear declaration, hazardous waste, onsite inspection, responsibility, transport management, and final disposal after import. In stage two, the export and import management system is divided into four facets: customs preprocessing, customs processing, follow-up, and law. The challenges are presented of how to align the waste disposal with the Basel Convention's main requirements. Stage three presents a discussion of the effectiveness of the countermeasures derived in stage two for disposing of waste both within individual nations and internationally. Then, the theoretical approach was applied to analyzing South Korea Ministry of Environment's Act on the Transboundary Movement of Hazardous Waste and Their Disposal (revised in 2017). The strategy was demonstrated to be an improvement, and these study results can be foundational data to newly establish laws or revise existing acts on transboundary movement of waste (TMW) in each country.

Large Virtual Transboundary Hazardous Waste Flows: The Case of China.

The Basel Convention and prior studies mainly focused on the physical transboundary movements of hazardous waste (transporting waste from one region to another for cheaper disposal). Here, we take China, the world's largest waste producer, as an example and reveal the virtual hazardous waste flows in trade (outsourcing waste by importing waste-intensive products) by developing a multiregional input-output model. Our model characterizes the impact of international trade between China and 140 economies and China's interprovincial trade on hazardous waste generated by 161,599 Chinese enterprises. We find that, in 2015, virtual hazardous waste flows in China's trade reached 26.6 million tons (67% of the national total), of which 31% were generated during the production of goods that were ultimately consumed abroad. Trade-related production is much dirtier than locally consumed production, generating 26% more hazardous waste per unit of GDP. Under the impact of virtual flows, 40% of the waste-intensive production and relevant disposal duty is unequally concentrated in three Chinese provinces (including two least-developed ones, Qinghai and Xinjiang). Our findings imply the importance of expanding the scope of transboundary waste regulations and provide a quantitative basis for introducing consumer responsibilities. This may help relieve waste management burdens in less-developed "waste havens".

A comparative examination of the African and South pacific radioactive waste management regimes

The article examines and compares, from a legal/regulatory point of view, the regimes for the management of radioactive waste in Africa and the South Pacific. Due to their vastness, both regions are attractive for dumping/storing radioactive waste. Regarding Africa, the article examines the Bamako Convention (1991), as reinforced by the right to a general satisfactory environment favourable to peoples’ development, enshrined in the African Charter on Human and Peoples’ Rights (1981). Regarding the South Pacific, it examines the Waigani Convention (1995). Since they both were established as regional regimes under the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal (1989), the article appraises whether they exhibit similar characteristics, including their institutional set up, namely a Conference of the Parties. Moreover, the important question of transnational criminal liability for violating regional norms is addressed. Here Africa is a world pioneer: the prohibited under the Bamako Convention trafficking in hazardous waste is considered an international crime and alleged perpetrators face prosecution before the African Court of Justice and Hunan Rights. The fact that not all States in these two regions participate in the respective regimes is certainly problematic but is partly mitigated on account of the existence of other multilateral instruments which, directly or indirectly, prohibit or restrict the movement of radioactive wastes. The article concludes by suggesting which are the principal problems presently surrounding these two regimes.

Basel Efforts in the Fight Against Toxic E-waste Colonialism: What Prospects for Effectiveness?

The invasion of developing countries by hazardous e-waste traders in quests for sites to dispose of their consignments of waste is not a recent phenomenon. These activities have continued regardless and in defiance of the Basel Convention as the main global instrument regulating the Transboundary movement of hazardous wastes. This article therefore provides a concise overview of the effectiveness of the Basel Convention in the fight against the Transboundary movement of e-waste from developed Countries to third world countries. Adopting an analytical research method, it is uncovered that even though the Basel Convention is instrumental in the regulation of Transboundary movements of e-waste to developing countries, its effectiveness is marred by inherent loopholes in the convention, namely: the verification problem in the PIC procedure and the recycling and reuse loopholes amongst others. It is argued that in order to halt the movement of e-waste to developing countries, the recycling and reuse loopholes must be mended. The PIC procedure in the Convention must also be manned with monitoring structures.

C. Non-Compliance Procedures

This year, the coronavirus disease (COVID-19) pandemic continued to significantly impact the functioning of non-compliance procedures for multilateral environmental agreements (MEAs). The compliance committees of several MEAs had their respective meetings either postponed or held in an exclusively virtual format. The compliance committees of the Paris Agreement to the United Nations Framework Convention on Climate Change (Paris Agreement), the Montreal Protocol on Substances That Deplete the Ozone Layer (Montreal Protocol), and the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and Their Disposal (Basel Convention) each held virtual meetings and are the focus of this report. A key element on the Paris Agreement’s non-compliance procedure is the Implementation and Compliance Committee (PAICC), which was established under Article 15, paragraph 2, of the agreement. The PAICC’s role is to facilitate the implementation of, and promote compliance with, the provisions of the Paris Agreement. A key focus for the committee this year was drafting recommendations on its rules of procedure for consideration by the third Conference of the Parties (COP) serving as the Meeting of the Parties (CMA-3) in Glasgow in November.

4. Mexico

This year, we report on activities in the international field regarding Mexico during the twenty-sixth Conference of the Parties (COP-26) of the United Nations Framework Convention on Climate Change (UNFCCC) in Glasgow; actions to implement amendments to the Basel Convention on the Control of Transboundary Movements of Hazardous Waste and Their Disposal (Basel Convention); and the promulgation and entry into force of the Regional Agreement on Access to Information, Public Participation and Justice in Environmental Matters in Latin America and the Caribbean (Escazú Agreement). Also, on the domestic agenda, we report on activity regarding institutional reorganization in Mexico following the decision to eliminate water and climate change agencies and a sudden presidential decision to grant speedy approvals to strategic projects. Among other developments, we note the creation of new reserves in Yum Balam-Holbox in Quintana Roo and a decision to declare the site of the largest international airport—cancelled by the presidential decision—as a natural protected area.

Australia’s legislative response to the Basel Convention and the 2019 amendment to the convention

The Basel Convention is an international treaty which regulates the transboundary movement of hazardous waste across boarders, which impacts nations waste exportation and importation policies This paper discusses Australia’s implementation of the Basel Convention for the Control of Transboundary Movement of Hazardous Wastes and Their Disposal. By analysing legislation, academia and media pertaining to the topic this Article explores the history the Basel Convention for the Control of Transboundary Movement of Hazardous Wastes and Their Disposal, particularly emphasising the drafting process and the purpose of the legislation. Subsequently investigating Australia’s legislative implementation of its obligations. Ultimately this paper investigates Australia’s practices, with a particular emphasis placed on waste around Waste to Energy processes, against these obligations and the extent that Australia is upholding their obligations. This is done by exploring international trends away from plastic waste exportation the 2019 amendments of the Basel Convention. The article finds language used in the treaty impacts the ability to determine breaches of the treaty, however, notes various legislation that reinforce Australia’s commitment to the treaty. This is done without ruling out possible misconduct in the past.

Re-interpreting the Environmentally Sound Management under Basel Convention

One of the fundamental principles of Basel Convention is the environmentally sound management (ESM), serving as a ‘meta-rule’, which establish the context within which bargaining under the Basel Convention takes place to develop more specific norms, such as rules regarding PIC, partnerships or management and technical guidelines of specific waste streams, regarding the management and transboundary movement of hazardous wastes. Yet, Basel Convention defines the crucial notion of ESM only in general terms, and has been subject to widely different interpretations and extensively criticized. Employing teleological approach which relies on the purpose of the Convention, this study argues that Basel Convention intended to establish a global convention with three principal aims: 1) minimization of hazardous wastes; 2) environmentally sound management of hazardous wastes; and 3) minimizing the transboundary movement of hazardous wastes. The central element of these aims was to limit such movements, as opposed to current practices of establishing ESM as the “least standard” for which transboundary movement of hazardous wastes would be allowed. Reinterpretation of ESM is also needed in light of the recent entry into force of Ban Amendment, which introduced ‘high risk’ as an element of consideration when addressing transboundary movements from developed countries to developing countries, which entails the applicability of precautionary principle in ESM interpretation.

Reshaping global policies for circular economy

Circular economy is recognized as a powerful integrative framework envisioned to solve societal problems linked to environmental pollution and resource depletion. Its adoption is rapidly reforming manufacturing, production, consumption, and recycling across various segments of the economy. However, circular economy may not always be effective or even desirable owing to the spatiotemporal dimensions of environmental risk of materials, and variability of global policies. Circular flows involving toxic materials may impose a high risk on the environment and public health such that overemphasis on anthropogenic circularity is not desirable. Moreover, waste flows at a global scale might result in an uneven distribution of risks and costs associated with a circular economy. Among other benefits, circular economy needs to generate environmental advantages, energy savings, and reductions of greenhouse gas emissions. Recent attempts to implement the carbon neutrality strategy globally will likely push the circular economy further into more economic sectors, but challenges remain in implementing and enforcing international policies across national boundaries. The United Nations Basel Convention on the Transboundary Movement of Hazardous Waste and their disposal is used here as an example to illustrate the challenges and to propose a way forward for anthropogenic circularity.

Problems of customs control over the movement of hazardous waste across the customs border of the Eurasian Economic Union

Hazardous waste is a trigger of the environmental crisis, especially at the stage of increasing production and consumption of goods, leading to a significant increase in industrial waste and its movement across customs borders. The cross-border movement of hazardous waste is controlled by the state, customs authorities are entrusted with the tasks of protecting national security, human life and health, animal and plant life, the environment, including protection against the illegal import of hazardous waste. The transboundary movement of hazardous wastes is carried out within the framework of the permissive procedure. Such a unified licensing procedure has also been adopted in the EAEU with respect to the import into the customs territory, transit, export from the customs territory of dangerous wastes. This procedure assumes that the declarant submits to an official of the authorized body a license of the Ministry of Industry and Trade of the Russian Federation or a permit for the transboundary movement of hazardous waste of the Federal Service for Supervision of Environmental Management. However, despite the efforts of the international community in the fight against hazardous waste, the dynamics of illegal movement of certain types of waste continues to grow, which indicates the existence of a number of unresolved problems. In the course of the study, the conceptual and categorical apparatus in the field of hazardous waste is analyzed, the main provisions of the procedure for moving this category of goods across the customs border of the EAEU are considered. The basis for national legislation in terms of the conceptual apparatus and regulation of the transboundary movement of hazardous wastes through the customs territory of the EAEU is the norms of international law, while a comparative analysis confirms the ambiguity of their recognition and classification in the EAEU member states. The analysis of the dynamics of the movement of hazardous waste, including used pneumatic tires and tires, showed that every year the problems of environmental protection become more acute. As a result of the study, specific problems in the field of transboundary movement of hazardous wastes were identified and recommendations for their solution were given.

Regulation of Waste Management and Elimination of Accumulated Damage in the Countries of the Eurasian Economic Union

The article has been devoted to the analysis of waste legislation and the elimination of accumulated damage, as well as the practice of applying such legislation in the countries of the Eurasian Economic Union. The article considers the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal of 1989, to which all the Eurasian Economic Union member states are currently parties. The question of the impact of the Basel Convention on their national legislation has been raised. The legislative gaps and shortcomings of the statutory regulation of waste management, as well as the elimination of accumulated damage in each of the Eurasian Economic Union countries, have been identified. The most successful legal novelties in this area of relations have been identified. Recommendations on their borrowing by other Eurasian Economic Union countries have been formulated. Significant problems have been identified in the relevant Russian legislation, as well as in the practice of its application. Proposals for their elimination have been formulated. Another identified problem, which is extremely relevant for the Eurasian Economic Union countries – is the definition of entities responsible for the elimination of accumulated damage on land plots, the ownership of which is not delimited. In such cases, it has been proposed to consider local self-government bodies responsible for the elimination of accumulated damage in such territories.

1. International Transfer of Restricted or Prohibited Substances

The number of parties to the Basel Convention has been gradually increasing over the years. This year, one new state—Tuvalu—joined the Basel Convention, bringing its number of parties to 188. The Amendments to Annexes II, VIII, and IX to the Basel Convention entered into force on 24 March. In the case of the Basel Protocol on Liability and Compensation for Damage Resulting from Transboundary Movements of Hazardous Wastes and Their Disposal, its number of parties remains at twelve, which means that the protocol has not yet entered into force. Sierra Leone ratified the 1995 Amendment to the Basel Convention, bringing its number of parties to ninety-nine (see Status of Ratifications <http://www.basel.int/Countries/StatusofRatifications/tabid/1341/Default.aspx>). The twelfth meeting of the Open-Ended Working Group (OEWG-12) was postponed and held according to two components, consisting of an online segment and a face-to-face segment, due to the global COVID-19 pandemic. The online segment was held on 1–3 September. Representatives of 120 countries took part in the virtual meeting of the OEWG-12. A total of more than six hundred people attended the meeting, including representatives of state parties and observers. Various technical, policy, and legal documents were briefly reviewed, including draft reports, guidelines, technical guidelines, and recommendations. Final versions of these documents will be considered at the face-to-face segment of the OEWG-12 in 2022 and at the fifteenth Conference of the Parties (COP-15) to the Basel Convention, scheduled to be held in July 2021.

An Overview on Solid Waste Generation and Management: Current Status in Chile

The widespread generation of, ever increasing volumes of and the sustainable management of solid wastes are global issues of great concern. Due to wide variations in composition and associated complexities, significant efforts are required for their collection, processing and environmentally safe disposal in a cost effective manner. An overview of solid wastes is presented in this article with a specific focus on municipal solid wastes and industrial waste from the iron/steelmaking and aluminium industries. Key waste issues such as its sources, compositions, volumes, the factors affecting waste generation and waste processing are first discussed, followed by a further discussion regarding recycling, resource recovery, disposal and the associated environmental impacts. In a special case study, waste generation and management in Chile is presented in greater detail. Detailed information is provided on government initiatives and legislation for integrated solid waste management and its movement towards a circular economy. Measures include regulations on waste management framework which concerns the transboundary movements of hazardous wastes, persistent organic pollutants, the closure of mining activities and installations and restrictions on plastics disposal. With Chile being world’s largest producer of copper, significant efforts for mining waste management, its infrastructure and procedures are being put in place to reduce the environmental impact of the mining sector and its associated waste generation.

China's policy and finding ways to prevent collapse in WEEE processing in the context of the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and Their Disposal

China's policy and finding ways to prevent collapse in WEEE processing in the context of the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and Their Disposal

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OPINION Reactions ShareShare onFacebookTwitterWechatLinked InRedditEmail C&EN, 2021, 99 (20), p 5May 31, 2021Cite this:C&EN 99, 20, 5(Credit: Andy Brunning)Figure1of1Letters to the editorHyaluronic acidI enjoyed reading Craig Bettenhausen’s article “Hyaluronic Acid, the Everywhere Biopolymer” (C&EN, May 3, 2021, page 26). It has much personal relevance for me. Within a few days of retirement in January 2019 from my position as a research chemist with the US Food and Drug Administration, I started feeling extreme pain in my right knee. X-rays revealed I had developed a moderate case of osteoarthritis in the knee just as I was starting my wonderful new life of retirement. Cortisone shots and physical therapy did nothing to ease the pain. In May of 2019, I received a course of three gel shots—hyaluronic acid—from my orthopedic specialist. The pain was reduced almost immediately after the first injection. After the third injection, the arthritic knee pain was gone. It is now almost 2 years later, and the right knee still feels very good, just an occasional twinge if I overexert it. I now take two capsules of a supplement containing hyaluronic acid, 100 mg total, every day. For me, hyaluronic acid is a miracle drug. Sincere thanks from me to the chemists, medical researchers, and doctors who have developed this treatment.Joseph E. JablonskiTwinsburg, Ohio. CorrectionsApril 26, 2021, page 20: The feature story on using the mass-balance concept to make chemicals should have described a Neste plant as a refinery, not a cracker. Neste’s brand of renewable naphtha is Neste RE, not Naphtha RE. And Neste’s oil is made from 100% renewable raw materials and thus does not have to be independently mass-balance audited.May 17, 2021, page 18: The feature story about a global plastics treaty implies that Inger Andersen suggested that the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and Their Disposal is a strong contender for an existing environmental treaty that could be modified to include plastics. She did not. Also, she said that the UN Environment Assembly could recommend the new accord be an extension of an existing treaty, not that the UNEA is likely to do so.May 24, 2021, page 24: The Periodic Graphics on bicycle materials mistakenly omits an oxygen in the structure of the example polyester (polyethylene terephthalate). The correct structure is shown here.

Ship scrappage records reveal disturbing environmental injustice

Ship demolition is a significant source of marine pollution. Not recycled properly, toxic chemicals can be released and pose great dangers to both the environment and public health. By investigating over 22,500 scrapped vessels’ business records ranging between 2000 and 2019, we find how business owners in developed countries disguise ships’ true identity by registering them in developing regions with loose approaches to labor and environmental protection, thus creating a leeway to violate environmental justice. International treaties and regional regulations have failed to correct the problem. Neither the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal nor enhanced regional regulations from the European Commission are effective. We propose three reforms to make the shipping industry more sustainable.

The Role of the EMERCOM of Russia in the Activities of the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal

The Role of the EMERCOM of Russia in the Activities of the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal

SUSTAINABLE E-WASTE MANAGEMENT IN MALAYSIA: LESSONS FROM SELECTED COUNTRIES

The seriousness of electrical and electronic equipment waste (E-waste/WEEE) problem is currently haunting both developed and developing nations around the world. WEEE in layman’s term can be defined as discarded components of electrical and electronic equipment that have no reuse value. Improper disposal of WEEE can bring about catastrophic effects to mankind and the environment. The Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and Their Disposal, 1992 categorises WEEE as hazardous waste due to the presence of toxic materials. Currently, the production of WEEE is expanding at a significant rate and is expected to touch 52.2 million Mt tonnes globally by 2021. The nations around the world have taken initiatives such as introducing new laws, regulations and policies. Malaysia is also similarly affected by the increasing volume of WEEE and it has been reported that its WEEE would reach an aggregate of 762.507 million units by 2020. In response, the Malaysian government has drafted a new regulation, the Environmental Quality (Household Scheduled Waste) Regulation, which is currently under review by the Attorney General’s Chambers. Using the library-based research methodology, this legal research aims to provide a comprehensive overview of WEEE management from a global as well as the Malaysian perspective. A brief discussion on the classification of e-waste and analysis of key initiatives taken worldwide is provided and examined. The article concludes with a recommendation for the necessary actions that can be adopted to enhance best WEEE management practices in Malaysia, to ensure the threat imposed by WEEE on mankind and the environment is curtailed.