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

By Katharina Kummer | Go to book overview

4
The Relationship Between the Basel Convention and the Waste Management Systems of the EU and the OECD

Two regional waste management systems that do not constitute agreements within the meaning of Article 2(1.a) of the Vienna Convention on the Law of Treaties are of potential relevance for the Basel Convention: the pertinent secondary legislation of the EU (previously the EC),1 and the waste management policy and legislation of the OECD. Both these systems played a significant part in the elaboration of the Basel Convention, as already mentioned (see Chapter 2 above). They will be examined in this chapter in the light of their relationship with the Basel Convention, and their possible role as component elements of the Basel Convention regime discussed in Chapter 3.


THE BASEL CONVENTION AND THE EU RULES ON THE MANAGEMENT OF HAZARDOUS WASTES

A. The Management of Hazardous Wastes in EU Policy and Law2

1. The waste management policy of the EU: fundamental concepts

The EU's waste management policy evolved in the 1970s. Since 1973, five Action Programmes on the Environment have been adopted, each constituting the fundamental reference charter for EU environmental policy for a given period of time.3 The second and third Action Programmes estab-

____________________
1
For greater simplicity, ' EU' is used throughout this chapter, even when applying to the period prior to the entry into force of the Maastricht Treaty in 1993.
2
For a detailed overview of the EU's waste management policy and legislation, see Johnson and Corcelle, ( 1989), pp. 187-219; Schmidt, ( 1992), p. 57 et seq.; de Villeneuve, ( 1990), pp. 568-77. See also Abrams, ( 1990), p. 812 et seq.; Cusack, ( 1990), p. 401 et seq.; Hackett, ( 1990), p. 304 et seq.; Huntoon, ( 1989), p. 252 et seq.; Kelly, ( 1985), p. 98 et seq.; Kiss, ( 1990, p. 531 et seq.; idem, in La réparation des dommages catastrophiques, ( 1988), pp. 301-17; Kiss and Shelton, ( 1991), pp. 316-17; Kwiatkowska and Soons, ( 1993), Editors' Introduction, p. LIV et seq.; Ripa di Meana, ( 1990), p. 271 et seq.; Rublack, ( 1989), p. 386; idem, ( 1993), p. 33 et seq.
3
OJ No.C112, 20 December 1973; OJ No.C139, 13 June 1977; OJ No.C46, 17 February 1983; OJ No.C328, 7 December 1987. For an overview of the first four Action Programmes and their significance for waste management see Johnson and Corcelle, ( 1989), pp. 11-19, 158-9.

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