Defining the Legal and Policy Framework to Stop the Dumping of Environmentally Harmful Products

By Andersen, Stephen O.; Ferris, Richard et al. | Duke Environmental Law & Policy Forum, Fall 2018 | Go to article overview

Defining the Legal and Policy Framework to Stop the Dumping of Environmentally Harmful Products


Andersen, Stephen O., Ferris, Richard, Picolotti, Romina, Zaelke, Durwood, Carvalho, Suely, Gonzalez, Marco, Duke Environmental Law & Policy Forum


INTRODUCTION

Law textbooks are replete with examples of cases in which legally deployable technology has been identified as posing unacceptable environmental harm and eventually outlawed. Typically, regulations start in one or more developed countries and spread first to other developed countries and then to developing countries. Only recently have large numbers of developed and developing countries acted almost simultaneously to avoid environmental risks, most notably through the Montreal Protocol on Substances that Deplete the Ozone Layer (Montreal Protocol). (1) The Montreal Protocol is now the only United Nations (UN) treaty with universal membership and adherence-every UN State is a Party and every Party is usually in full compliance. (2) Approval of the Protocol means that national governments agree to future deadlines to phase out products harmful to the stratospheric ozone layer, which are also harmful to climate. (1) At any given time, a large number of environmentally unacceptable products and practices are legal in some countries while their governments struggle to overcome stakeholder opposition in order to enact regulations and incentives to transform markets. (4)

Environmentally harmful product dumping (hereinafter referred to as "environmental dumping") is a practice historically associated with the export of hazardous product waste and associated unwanted chemicals from a developed country for irresponsible and often illegal disposal in a developing country. (5) This historical dumping of hazardous waste and chemicals was possible because developing countries did not always: 1) know what was being imported, 2) know what the hazards were, 3) have the enforcement structure in place to apprehend and halt imports, or 4) possess the political consensus or necessary good will to look out for their own national interests.

Growth in economic activity and global trade corresponded with expanded and intensified environmental dumping. (6) Dumping caused harm to product consumers, national health and prosperity, and the global environment. (7) It has also had negative impacts on the receiving jurisdiction's ability to fulfill international treaty obligations. (8) Fortunately, global agreements like the Basel Convention on Transboundary Movement of Hazardous Waste (Basel Convention) and the Rotterdam Convention on the Prior Informed Consent Procedure for Certain Hazardous Chemicals & Pesticides in International Trade (Rotterdam Convention) have reduced some kinds of waste from the historical situations that first brought attention to the problem. (9)

With the industrialization and globalization of China and other developing countries, environmental dumping can involve products made with or containing ozone-depleting and climate-forcing chemical substances and/or products requiring unnecessarily high energy consumption that are not in the interest of the consumer, the local economy, or the global commons. (10) Such trade can involve both developing and developed countries as origin and destination including: developed to developing (North-South), developing-to-developed (South-North), and developing-to-developing (South-South). (11)

The Montreal Protocol sets different schedules for developed and developing countries to phaseout ozone-depleting substances (ODSs) and phase down hydrofluorocarbons (HFCs). (12) Developed countries have a faster phasedown schedule and bear the burden of research, development, commercialization, and sorting out which replacement technology is superior. (13) Following a "grace period", the slower phasedown schedules for developing countries provide transition advantages with less investment risk and lower prices as a result of economies of scale, competition, and expiration of patents. (14)

However, there is no advantage from delay under the Montreal Protocol if technical innovation and the manufacture of alternatives occurs in developing countries or if the next-generation technology is economically superior to obsolete ODS and HFC technology. …

The rest of this article is only available to active members of Questia

Already a member? Log in now.

Notes for this article

Add a new note
If you are trying to select text to create highlights or citations, remember that you must now click or tap on the first word, and then click or tap on the last word.
One moment ...
Default project is now your active project.
Project items
Notes
Cite this article

Cited article

Style
Citations are available only to our active members.
Buy instant access to cite pages or passages in MLA 8, MLA 7, APA and Chicago citation styles.

(Einhorn, 1992, p. 25)

(Einhorn 25)

(Einhorn 25)

1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

Note: primary sources have slightly different requirements for citation. Please see these guidelines for more information.

Cited article

Defining the Legal and Policy Framework to Stop the Dumping of Environmentally Harmful Products
Settings

Settings

Typeface
Text size Smaller Larger Reset View mode
Search within

Search within this article

Look up

Look up a word

  • Dictionary
  • Thesaurus
Please submit a word or phrase above.
Print this page

Print this page

Why can't I print more than one page at a time?

Help
Full screen
Items saved from this article
  • Highlights & Notes
  • Citations
Some of your highlights are legacy items.

Highlights saved before July 30, 2012 will not be displayed on their respective source pages.

You can easily re-create the highlights by opening the book page or article, selecting the text, and clicking “Highlight.”

matching results for page

    Questia reader help

    How to highlight and cite specific passages

    1. Click or tap the first word you want to select.
    2. Click or tap the last word you want to select, and you’ll see everything in between get selected.
    3. You’ll then get a menu of options like creating a highlight or a citation from that passage of text.

    OK, got it!

    Cited passage

    Style
    Citations are available only to our active members.
    Buy instant access to cite pages or passages in MLA 8, MLA 7, APA and Chicago citation styles.

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn, 1992, p. 25).

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn 25)

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn 25)

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences."1

    1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

    Cited passage

    Thanks for trying Questia!

    Please continue trying out our research tools, but please note, full functionality is available only to our active members.

    Your work will be lost once you leave this Web page.

    Buy instant access to save your work.

    Already a member? Log in now.

    Search by... Author
    Show... All Results Primary Sources Peer-reviewed

    Oops!

    An unknown error has occurred. Please click the button below to reload the page. If the problem persists, please try again in a little while.