International Management of Hazardous Wastes: The Basel Convention and Related Legal Rules

By Katharina Kummer | Go to book overview

Contents
Abbreviationsxix
Forewordxxiii
Table of Casesxxv
Table of Legal Instruments of the EU and the OECDxxvii
Table of Treaties and other International Legal Instrumentsxxxvi
Introduction1
1. Transboundary Movements of Hazardous Wastes in International Law4
RANSBOUNDARY MOVEMENTS OF HAZARDOUS WASTES: QUANTITIES AND CAUSES4
A. Quantities of Hazardous Wastes4
B. Causes of the Increase in Transboundary Movements of Hazardous Wastes6
1. Wastes following the 'path of least resistance'6
2. Wastes exported on a regional scale8
3. Wastes with value as secondary raw materials9
C. Hazardous Waste Generation in the Future10
THE NATURE OF THE PROBLEM: CRITERIA FOR LEGAL REGULATION12
D. The Hazardous Waste Cycle as an International and Multi-sectoral Issue12
E. Transboundary Movements of Hazardous Wastes as an Aspect of Transboundary Pollution13
EXISTING AND EMERGING INTERNATIONAL LEGAL RULES RELEVANT TO THE HAZARDOUS WASTE CYCLE14
F. Customary Law Related to Pollution Control16
4. The limitation on the 'freedom to pollute' and the concept of due diligence16
5. The right of states to control activities within their area of jurisdiction20
6. Duties of co-operation and information23
7. An assessment of the relevant customary law rules25
G. Sectoral Pollution Control Regimes25
H. International Rules on the Transport and Management of Hazardous Substances26

-ix-

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