Waste Crime - Waste Risks: Gaps in Meeting the Global Waste Challenge

Legal frameworks The cross-border movement and management of wastes are regulated by a number of international, regional, and national legislative frameworks.

The Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal (Basel Convention) is the major international agreement that regu- lates the transboundary movement and disposal of hazardous and other wastes. It entered into force in 1992 and has, as of 15 April 2015, 183 Parties. The overarching objective of the Basel Convention is to protect human health and the envi- ronment against the adverse effects of hazardous wastes. The provisions of the Convention centre around the following principal aims: the reduction of hazardous waste generation and the promotion of environmentally sound management of hazardous wastes wherever the place of disposal; the restric- tion of transboundary movements of hazardous wastes, except where it is perceived to be in accordance with the principles of environmentally sound management; and a regulatory system applying to cases where transboundary movements (import, transit, and export) are permissible. The Basel Convention is one of the few multilateral envi- ronmental agreements to define an illegal activity under the Convention as a crime.

Article 4.3 of the Basel Convention: “The Parties consider that illegal traffic in hazardous wastes or other wastes is a crime.” Article 9 of the Basel Convention: “For the purpose of this Convention, any transboundary movement of hazardous wastes or other wastes: without notification pursuant to the provisions of this Convention to all States concerned; or without the consent pursuant to the provisions of this Convention of a State concerned; or with consent obtained from States concerned through falsification, misrepresentation or fraud; or that does not conform in a material way with the docu- ments; or that results in deliberate disposal (e.g. dumping) of hazardous wastes or other wastes in contravention of this Convention and of general principles of international law, shall be deemed to be illegal traffic.” (a) (b) (c) (d) (e)

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