(Re)invigorating the health protection objective of the Basel Convention on Transboundary Movement of Hazardous Wastes and their Disposal

Abstract

The public health challenges of moving dangerous substances across jurisdictions have led to a renewed international focus on the importance of the health perspective in the Basel Convention on Transboundary Movement of Hazardous Wastes and their Disposal. This paper systematically reviews the health dimensions of the Basel Convention and the ways in which the Convention can be strengthened. It analyses the limits of the health objective of the Convention in promoting public health and the environment and the potential for optimising it. The paper argues that an examination of the Convention's substantive, procedural, and institutional and implementation mechanisms highlights its failure to fully achieve its potential for health protection. Parties to the Convention have initiated measures to address this issue, but the design and functioning of the Convention itself constrain the full achievement of health goals, which in turn undermines the protection of human health and the environment. To optimise the health promotion, the author argues for an adaptive governance framework by bolstering the governance mechanisms of the Convention and the Secretariat, strengthening health cooperation between international health agencies and improving domestic implementation of the Convention by its Member States.

Defending Indonesian Boundary from Trans boundary Waste: Implementing Basel Convention on National Level

“…Trafigura's deliberate non-disclosure of the quantity and hazardous nature of the waste and its impact on health led to the rejection of the Amsterdam Port Services to dispose of the waste. (Onzivu 2013) The same accident happened in Seveso Drums incident. On 10 July 1976 the safety valve of a reactor used in a chemical plant run in Meda, Italy burst.…”

“…Corrupt government officials in importing states are induced by enormous financial rewards to accept hazardous shipments of waste. (Onzivu 2013) Unfortunately, many developing countries lack the technology, training, funding, and administrative infrastructure to properly carry out the recycle. Since they lack the capacity to properly handling the waste, it becomes a massive pile of waste.…”

Public and expert voices in the legal regulation of technology

“…Since there is no liability regime under the Convention, parties must rely on domestic law for redress. Yet in many (developing) countries there is weak multi-sectoral co-ordination of waste management and monitoring of waste law (Onzivu, 2013). The Basel Convention does have some financial mechanisms, including the Basel Convention Trust Fund to Assist Developing Countries and other Countries in Need of Technical Assistance (the BD fund).…”

“…Further mechanisms for promoting implementation and compliance include: regional training centres (BCRCs), which provide technical assistance for parties to safely manage hazardous and other wastes (Article 14(1)); a requirement to submit an annual report to the Conference of the Parties (Article 13(3)); and, a duty to participate in hazardous waste audits conducted by the Secretariat (Article 10(2)(b)). The effectiveness of these has also been questioned, with BCRCs lacking sufficient funding and capacity and states failing to submit national reports to the Secretariat (Onzivu, 2013).…”

“…Commentators have warned of the dangers of treaty congestion (Morrow, 2010;Onzivu, 2013). Treaty congestion further complicates this already-complex area.…”