Professional Documents
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Regulations
Waste
Generally
Waste management is not a well-developed area of
international law.
International law has to date played a limited role in
preventing the generation of waste.
Other than the special rules which are applicable in the
EC there is no regional or global legal framework for
waste management strategy.
Rather, waste has traditionally been regulated
incidentally to the attainment of other objectives.
Among the relevant international legal measures are:
Regulating the disposal of wastes at sea
limiting atmospheric emissions of gaseous wastes
preventing the disposal of wastes in rivers and other
freshwaters
This approach does not address the source of the
Problem (Institutional)
At the global level, no UN or other body has overall
responsibility for waste
The Stockholm Conference did not focus on the
issue of waste. Without specifically mentioning
waste, Principle 6 of the 1972 Stockholm
Declaration called for the discharge of toxic or other
substances to be halted.
The 1982 World Charter for Nature called for
special precautions to be taken to prevent
discharge of radioactive or toxic wastes, but did not
encourage minimization of the generation of such
wastes.
Principle 14 of the Rio Declaration limited itself to
calling for effective co-operation to discourage or
prevent the relocation or transfer to other states of
Cairo 1987
EC
In 1990, the EC adopted a framework
the Community Strategy for Waste
Management to guide waste
management policy for member
states.
Following a Commission review of the
Strategy, in 1997, the EC Council
adopted a revised Community
Strategy for Waste Management
Defining Waste
Defining Waste
Municipal waste, which is not deemed to be hazardous,
generally includes that generated by households, shops,
offices and other commercial units, and includes paper and
cardboard, glass, plastics, metals, organic matters and
putrescible materials
Industrial wastes include general factory rubbish,
packaging materials, organic wastes, acids, alkalis and
metalli-ferrous sludge.
Mining wastes are a by-product of the extraction process
and include topsoil, rock and dirt, which may be
contaminated by metals and coal.
Agricultural wastes comprise animal slurries, silage
effluents, tank washings following pesticide use, and empty
plastic packaging.
Radioactive wastes, which are generally subject to
special rules, are the product of nuclear power generation,
military sources, and medical, industrial and university
Disposal
Incineration
The incineration of wastes is limited by treaty and
acts of international institutions in several regions
In the case of the EC, incineration is subject to
conformity with stringent technical standards
The 1996 Protocol and 1972 London Convention
prohibits the incineration of wastes at sea
The 1991 Bamako Convention prohibits the
incineration of hazardous waste at sea
Land-based incineration of waste is currently dealt
with only by EC legislation,
Trans-boundary Movements
1989 Basel Convention
The 1989 Convention on the Control of Transboundary Movements of Hazardous Wastes and their
Disposal is intended to establish a global regime for
the control of international trade in hazardous and
other wastes.
The Convention, which entered into force on 5 May
1992, established rules designed to regulate trade
in wastes rather than prohibit it.
The Convention sets forth general obligations
requiring all parties to ensure that trans=boundary
movements of wastes are reduced to the minimum
consistent with environmentally sound and efficient
management,
it reflects an approach premised upon the view that