The Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and Their Disposal: 1999 Protocol on Liability and Compensation

Choksi, Sejal
August 2001
Ecology Law Quarterly;2001, Vol. 28 Issue 2, p509
Academic Journal
The 1989 Basel Convention Treaty regulates the transboundary movement and disposal of hazardous wastes. In 1999, the Parties to the Convention negotiated and reached agreement upon a significant new Protocol on Liability and Compensation. The Protocol is the first mechanism in international environmental law to assign liability and provide adequate and prompt compensation for damages resulting from hazardous waste trade. The Protocol lacks teeth, however, and has yet to enter into force. The United States remains a non-signatory to both the initial Treaty and the liability Protocol largely because industry and environmental criticism of the Treaty and Protocol and a current lack of political will create disincentives for U.S. ratification. This lack of support from the world's leading generator of hazardous wastes poses a clear threat to the potential success of the Basel Treaty and Protocol.


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