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Trending: Call for Papers Volume 4 | Issue 4: International Journal of Advanced Legal Research [ISSN: 2582-7340]

CRITICAL ANALYSIS OF THE BASEL CONVENTION ON THE CONTROL OF TRANSBOUNDARY MOVEMENTS OF HAZARDOUS WASTES AND OTHER WASTES AND THEIR DISPOSAL – Nadia Amin

Abstract

          “The Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and Other Wastes and Their Disposal” being the first ever international convention arising out of the depressing issues of dumping of wastes, particularly hazardous wastes in third world countries in consequence to ‘Not in my backyard’ syndrome in environmentally conscious developed states during the period of environmentalism, is significant for a critical analysis paving the way for scope of improvement if needed, for achieving the aim of the convention which is to protect the human health and environment. The paper work therefore intends to carry out the research in parts facilitating the discussion for the objective of the paper. The objectives of this research paper are as follows:

  • To provide an overview of the environmental factors leading to a discussion on an international platform through negotiation amongst international communities.
  • To understand the gist of the convention through its various relevant provisions crucial to the working of the convention in the current scenario.
  • To examine the convention in the light of the Cairo guidelines, with the intent to facilitate the convention with improvement, if needed.
  • To appraise the convention and identify the challenges through critical analysis of the Convention with respect to its working mechanism.

The scope of the paper is global, because it includes within its ambit both developed and developing countries, the people associated with the activity of the transboundary movement of hazardous wastes and other wastes, and their disposal. Further the scope of the paper is progressive because it provides a solution based on an inclusive approach of the international and national communities as a whole.

Keywords: Hazardous wastes, Other wastes, Competent Authority, Prior Informed Consent, Illegal Traffic, Conference of Parties, Meetings of COP, Open-ended working group.