The Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and Their Disposal, usually known as the Basel Convention, is an international treaty that was designed to reduce the movements of hazardous waste between nations, and specifically to restrict the transfer of hazardous waste from developed to less developed countries[2]. It does not address the movement of radioactive waste, controlled by the International Atomic Energy Agency[3]. The Basel Convention is also intended to minimize the rate and toxicity of wastes generated, to ensure their environmentally sound management as closely as possible to the source of generation, and to assist developing countries in environmentally sound management of the hazardous and other wastes they generate.
The convention was opened for signature on 21 March 1989, and entered into force on 5 May 1992. As of June 2024, there are 191 parties to the convention. In addition, Haiti and the United States have signed the convention but did not ratify it.[1][4]
Following a petition urging action on the issue signed by more than a million people around the world, most of the world's countries, but not the United States, agreed in May 2019 to an amendment of the Basel Convention to include plastic waste as regulated material.[5][6] Although the United States is not a party to the treaty, export shipments of plastic waste from the United States are now "criminal traffic as soon as the ships get on the high seas," according to the Basel Action Network (BAN), and carriers of such shipments may face liability, because the transportation of plastic waste is prohibited in just about every other country.[7]
History
With the tightening of environmental laws (for example, RCRA) in developed nations in the 1970s, disposal costs for hazardous waste rose dramatically. At the same time, the globalization of shipping made cross-border movement of waste easier, and many less developed countries were desperate for foreign currency. Consequently, the trade in hazardous waste, particularly to poorer countries, grew rapidly. In 1990, OECD countries exported around 1.8 million tons of hazardous waste. Although most of this waste was shipped to other developed countries, a number of high-profile incidents of hazardous waste-dumping led to calls for regulation.[8]
One of the incidents which led to the creation of the Basel Convention was the Khian Sea waste disposal incident, in which a ship carrying incinerator ash from the city of Philadelphia in the United States dumped half of its load on a beach in Haiti before being forced away. It sailed for many months, changing its name several times. Unable to unload the cargo in any port, the crew was believed to have dumped much of it at sea.
Another incident was a 1988 case in which five ships transported 8,000 barrels of hazardous waste from Italy to the small Nigerian town of Koko in exchange for $100 monthly rent which was paid to a Nigerian for the use of his farmland.
At its meeting that took place from 27 November to 1 December 2006, the parties of the Basel Agreement focused on issues of electronic waste and the dismantling of ships.
Increased trade in recyclable materials has led to an increase in a market for used products such as computers. This market is valued in billions of dollars. At issue is the distinction when used computers stop being a "commodity" and become a "waste".
Waste falls under the scope of the convention if it is within the category of wastes listed in Annex I of the convention and it exhibits one of the hazardous characteristics contained in Annex III.[9] In other words, it must both be listed and possess a characteristic such as being explosive, flammable, toxic, or corrosive. The other way that a waste may fall under the scope of the convention is if it is defined as or considered to be a hazardous waste under the laws of either the exporting country, the importing country, or any of the countries of transit.[10]
The definition of the term disposal is made in Article 2 al 4 and just refers to annex IV, which gives a list of operations which are understood as disposal or recovery. Examples of disposal are broad, including recovery and recycling.
Alternatively, to fall under the scope of the convention, it is sufficient for waste to be included in Annex II, which lists other wastes, such as household wastes and residue that comes from incinerating household waste.[11]
Radioactive waste that is covered under other international control systems and wastes from the normal operation of ships are not covered.
Annex IX attempts to define wastes which are not considered hazardous wastes and which would be excluded from the scope of the Basel Convention. If these wastes however are contaminated with hazardous materials to an extent causing them to exhibit an Annex III characteristic, they are not excluded.
Obligations
In addition to conditions on the import and export of the above wastes, there are stringent requirements for notice, consent and tracking for movement of wastes across national boundaries. The convention places a general prohibition on the exportation or importation of wastes between parties and non-parties. The exception to this rule is where the waste is subject to another treaty that does not take away from the Basel Convention. The United States is a notable non-party to the convention and has a number of such agreements for allowing the shipping of hazardous wastes to Basel Party countries.
The OECD Council also has its own control system that governs the transboundary movement of hazardous materials between OECD member countries. This allows, among other things, the OECD countries to continue trading in wastes with countries like the United States that have not ratified the Basel Convention.
Parties to the convention must honor import bans of other parties.
Article 4 of the Basel Convention calls for an overall reduction of waste generation. By encouraging countries to keep wastes within their boundaries and as close as possible to its source of generation, the internal pressures should provide incentives for waste reduction and pollution prevention. Parties are generally prohibited from exporting covered wastes to, or importing covered waste from, non-parties to the convention.
The convention states that illegal hazardous waste traffic is criminal but contains no enforcement provisions.
According to Article 12, parties are directed to adopt a protocol that establishes liability rules and procedures that are appropriate for damage that comes from the movement of hazardous waste across borders.
The current consensus is that as space is not classed as a "country" under the specific definition, export of e-waste to non-terrestrial locations would not be covered.
Basel Ban Amendment
After the initial adoption of the convention, some least developed countries and environmental organizations argued that it did not go far enough. Many nations and NGOs argued for a total ban on shipment of all hazardous waste to developing countries. In particular, the original convention did not prohibit waste exports to any location except Antarctica but merely required a notification and consent system known as "prior informed consent" or PIC. Further, many waste traders sought to exploit the good name of recycling and begin to justify all exports as moving to recycling destinations. Many believed a full ban was needed including exports for recycling. These concerns led to several regional waste trade bans, including the Bamako Convention.
Lobbying at 1995 Basel conference by developing countries, Greenpeace and several European countries such as Denmark, led to the adoption of an amendment to the convention in 1995 termed the Basel Ban Amendment to the Basel Convention. The amendment has been accepted by 86 countries[12] and the European Union, but has not entered into force (as that requires ratification by three-fourths of the member states to the convention). On 6 September 2019, Croatia became the 97th country to ratify the amendment which will enter into force after 90 days on 5 December 2019. The amendment prohibits the export of hazardous waste from a list of developed (mostly OECD) countries to developing countries. The Basel Ban applies to export for any reason, including recycling. An area of special concern for advocates of the amendment was the sale of ships for salvage, shipbreaking. The Ban Amendment was strenuously opposed by a number of industry groups as well as nations including Australia and Canada. The number of ratification for the entry-into force of the Ban Amendment is under debate: Amendments to the convention enter into force after ratification of "three-fourths of the Parties who accepted them" [Art. 17.5]; so far, the parties of the Basel Convention could not yet agree whether this would be three-fourths of the parties that were party to the Basel Convention when the ban was adopted, or three-fourths of the current parties of the convention [see Report of COP 9 of the Basel Convention]. The status of the amendment ratifications can be found on the Basel Secretariat's web page.[13] The European Union fully implemented the Basel Ban in its Waste Shipment Regulation (EWSR), making it legally binding in all EU member states. Norway and Switzerland have similarly fully implemented the Basel Ban in their legislation.
In the light of the blockage concerning the entry into force of the Ban Amendment, Switzerland and Indonesia have launched a "Country-led Initiative" (CLI) to discuss in an informal manner a way forward to ensure that the trans boundary movements of hazardous wastes, especially to developing countries and countries with economies in the transition, do not lead to an unsound management of hazardous wastes. This discussion aims at identifying and finding solutions to the reasons why hazardous wastes are still brought to countries that are not able to treat them in a safe manner. It is hoped that the CLI will contribute to the realization of the objectives of the Ban Amendment. The Basel Convention's website informs about the progress of this initiative.[14]
Regulation of plastic waste
In the wake of popular outcry, in May 2019 most of the world's countries, but not the United States, agreed to amend the Basel Convention to include plastic waste as a regulated material.[5] The world's oceans are estimated to contain 100 million metric tons of plastic, with up to 90% of this quantity originating in land-based sources. The United States, which produces an annual 42 million metric tons of plastic waste, more than any other country in the world,[15] opposed the amendment, but since it is not a party to the treaty it did not have an opportunity to vote on it to try to block it. Information about, and visual images of, wildlife, such as seabirds, ingesting plastic, and scientific findings that nanoparticles do penetrate through the blood–brain barrier were reported to have fueled public sentiment for coordinated international legally binding action. Over a million people worldwide signed a petition demanding official action.[5][16][6] Although the United States is not a party to the treaty, export shipments of plastic waste from the United States are now "criminal traffic as soon as the ships get on the high seas," according to the Basel Action Network (BAN), and carriers of such shipments may face liability, because the Basel Convention as amended in May 2019 prohibits the transportation of plastic waste to just about every other country.[7]
The Basel Convention contains three main entries on plastic wastes in Annex II, VIII and IX of the Convention. The Plastic Waste Amendments of the convention are now binding on 186 States. In addition to ensuring the trade in plastic waste is more transparent and better regulated, under the Basel Convention governments must take steps not only to ensure the environmentally sound management of plastic waste, but also to tackle plastic waste at its source.[17]
Hazardous waste is waste that must be handled properly to avoid damaging human health or the environment. Waste can be hazardous because it is toxic, reacts violently with other chemicals, or is corrosive, among other traits. As of 2022, humanity produces 300-500 million metric tons of hazardous waste annually. Some common examples are electronics, batteries, and paints. An important aspect of managing hazardous waste is safe disposal. Hazardous waste can be stored in hazardous waste landfills, burned, or recycled into something new. Managing hazardous waste is important to achieve worldwide sustainability. Hazardous waste is regulated on national scale by national governments as well as on an international scale by the United Nations (UN) and international treaties.
The Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter 1972, commonly called the "London Convention" or "LC '72" and also abbreviated as Marine Dumping, is an agreement to control pollution of the sea by dumping and to encourage regional agreements supplementary to the convention. It covers the deliberate disposal at sea of wastes or other matter from vessels, aircraft, and platforms. It does not cover discharges from land-based sources such as pipes and outfalls, wastes generated incidental to normal operation of vessels, or placement of materials for purposes other than mere disposal, providing such disposal is not contrary to aims of the convention. It entered into force in 1975. As of September 2016, there were 89 Parties to the convention.
Stockholm Convention on Persistent Organic Pollutants is an international environmental treaty, signed on 22 May 2001 in Stockholm and effective from 17 May 2004, that aims to eliminate or restrict the production and use of persistent organic pollutants (POPs).
Ship breaking is a type of ship disposal involving the breaking up of ships either as a source of parts, which can be sold for re-use, or for the extraction of raw materials, chiefly scrap. Modern ships have a lifespan of 25 to 30 years before corrosion, metal fatigue and a lack of parts render them uneconomical to operate. Ship-breaking allows the materials from the ship, especially steel, to be recycled and made into new products. This lowers the demand for mined iron ore and reduces energy use in the steelmaking process. Fixtures and other equipment on board the vessels can also be reused. While ship-breaking is sustainable, there are concerns about its use by poorer countries without stringent environmental legislation. It is also labour-intensive, and considered one of the world's most dangerous industries.
The Bamako Convention is a treaty of African nations prohibiting the import of any hazardous waste. The convention was negotiated by twelve nations of the Organisation of African Unity at Bamako, Mali in January, 1991, and came into force in 1998.
Electronic waste describes discarded electrical or electronic devices. It is also commonly known as waste electrical and electronic equipment (WEEE) or end-of-life (EOL) electronics. Used electronics which are destined for refurbishment, reuse, resale, salvage recycling through material recovery, or disposal are also considered e-waste. Informal processing of e-waste in developing countries can lead to adverse human health effects and environmental pollution. The growing consumption of electronic goods due to the Digital Revolution and innovations in science and technology, such as bitcoin, has led to a global e-waste problem and hazard. The rapid exponential increase of e-waste is due to frequent new model releases and unnecessary purchases of electrical and electronic equipment (EEE), short innovation cycles and low recycling rates, and a drop in the average life span of computers.
Environmental harmful product dumping is the practice of transfrontier shipment of waste from one country to another. The goal is to take the waste to a country that has less strict environmental laws, or environmental laws that are not strictly enforced. The economic benefit of this practice is cheap disposal or recycling of waste without the economic regulations of the original country.
The Basel Action Network (BAN), a charitable non-governmental organization, works to combat the export of toxic waste from technology and other products from industrialized societies to developing countries. BAN is based in Seattle, Washington, United States, with a partner office in the Philippines. BAN is named after the Basel Convention, a 1989 United Nations treaty designed to control and prevent the dumping of toxic wastes, particularly on developing countries. BAN serves as an unofficial watchdog and promoter of the Basel Convention and its decisions.
Under United States environmental policy, hazardous waste is a waste that has the potential to:
Waste are unwanted or unusable materials. Waste is any substance discarded after primary use, or is worthless, defective and of no use. A by-product, by contrast is a joint product of relatively minor economic value. A waste product may become a by-product, joint product or resource through an invention that raises a waste product's value above zero.
Waste, unwanted or unusable material, varies in type and quantity in different countries.
The management of waste in New Zealand has become more regulated to reduce associated environmental issues. According to OECD data, New Zealand is the third most wasteful country in the OECD.
Electronic waste or e-waste in the United States refers to electronic products that have reached the end of their operable lives, and the United States is beginning to address its waste problems with regulations at a state and federal level. Used electronics are the quickest-growing source of waste and can have serious health impacts. The United States is the world leader in producing the most e-waste, followed closely by China; both countries domestically recycle and export e-waste. Only recently has the United States begun to make an effort to start regulating where e-waste goes and how it is disposed of. There is also an economic factor that has an effect on where and how e-waste is disposed of. Electronics are the primary users of precious and special metals, retrieving those metals from electronics can be viewed as important as raw metals may become more scarce
Electronic waste is a significant part of today's global, post-consumer waste stream. Efforts are being made to recycle and reduce this waste.
Waste management laws govern the transport, treatment, storage, and disposal of all manner of waste, including municipal solid waste, hazardous waste, and nuclear waste, among many other types. Waste laws are generally designed to minimize or eliminate the uncontrolled dispersal of waste materials into the environment in a manner that may cause ecological or biological harm, and include laws designed to reduce the generation of waste and promote or mandate waste recycling. Regulatory efforts include identifying and categorizing waste types and mandating transport, treatment, storage, and disposal practices.
Electronic waste or e-waste in China refers to electronic products that are no longer usable and are therefore dumped or recycled. China is the world's largest importer and producer of electronic waste with over 70% of all global e-waste ending up in the world's largest dumpsites. An estimated 60–80% of this e-waste is handled through illegal informal recycling processes, without the necessary safety precautions legally required by Chinese government regulations. Processing e-waste in this way directly causes serious environmental damage and permanent health risks in areas surrounding the disposal sites. While the Chinese government and the international community have taken action to regulate e-waste management, ineffective enforcement, legislative loopholes, and the pervasiveness of informal recycling have been obstacles to mitigating the consequences of e-waste.
Electronic waste in New Zealand is an environmental issue being addressed by community and government initiatives.
Agbogbloshie is a nickname of a commercial district on the Korle Lagoon of the Odaw River, near the center of Accra, Ghana's capital city in the Greater Accra region. Near the slum called "Old Fadama", the Agbogbloshie site became known as a destination for externally generated automobile and electronic scrap collected from mostly the western world. It was a center of a legal and illegal exportation network for the environmental dumping of electronic waste (e-waste) from industrialized nations. The Basel Action Network, a small NGO based in Seattle, has referred to Agbogbloshie as a "digital dumping ground", where they allege millions of tons of e-waste are processed each year.
Toxic colonialism, or toxic waste colonialism, refers to the practice of exporting hazardous waste from developed countries to underdeveloped ones for disposal.
The global waste trade is the international trade of waste between countries for further treatment, disposal, or recycling. Toxic or hazardous wastes are often imported by developing countries from developed countries.
↑ Krueger, Jonathan (2001). Stokke, Olav; Thommessen, Øystein (eds.). Yearbook of International Co-operation on Environment and Development 2001/2002. Earthscan Publications. pp.43–51.
↑ "Archived copy"(PDF). Archived(PDF) from the original on 14 February 2015. Retrieved 14 February 2015.{{cite web}}: CS1 maint: archived copy as title (link), p.16
Toxic Exports, Jennifer Clapp, Cornell University Press, 2001.
Challenging the Chip: Labor Rights and Environmental Justice in the Global Electronics Industry, Ted Smith, David A. Sonnenfeld, and David Naguib Pellow, eds., Temple University Press link, ISBN1-59213-330-4.
"Toxic Trade: International Knowledge Networks & the Development of the Basel Convention," Jason Lloyd, International Public Policy Review, UCL.
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