Subject: Progress on legal issues related to the Basel Convention

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UNEP Information Note.  
For use as information.  Not an official
record.  

PROGRESS ON LEGAL ISSUES RELATED TO THE
BASEL CONVENTION


Substantial progress achieved on a Protocol
on Liability and Compensation for Damage
Resulting from Transboundary Movements of
Hazardous Wastes
                                

Nairobi, June 1997 - The Ad Hoc Working
Group of Legal and Technical Experts, a
subsidiary body of the Conference of the
Parties of the Basel Convention on the
control of Transboundary Movements of
Hazardous Wastes and their Disposal, at its
fifth session in May 1997 in Geneva, made
substantial progress in drafting a Protocol
on Liability and Compensation for Damage
Resulting from Transboundary Movements of
Hazardous Wastes and their Disposal.  
Experts from all parts of the world
discussed this complex issue and managed to
streamline the previous draft.  This was the
first time since its establishment that the
Working Group managed - even during only
four days of meeting - to revisit all
articles of a draft Protocol.

The debate focused on the question to whom
liability should be channelled, i.e. the
person(s) from whom the claimant may ask
compensation for the damage under
international law.  Two major trends
emerged:  one that favoured that the
person(s) in "operational control" should be
liable, the other calling for channelling
liability to the exporter of the wastes
which caused the damage.

       On the question of the establishment of
an International Fund for immediate response
measures in an emergency situation and for
compensation to the extend that compensation
for damage under the civil liability regime
is inadequate or not available, opinions
continued to be divided.  A number of
delegations opposed the establishment of
such a Fund within the Protocol at this
stage as too many uncertainties about its
structure, management, modalities and
operation existed.  Other countries saw the
establishment of a Fund as crucial for the
Protocol because otherwise, the Protocol
would not be consistent with the objectives
of the Basel Convention.

       The experts agreed on an article on
State responsibility as well as on
definitions, including a definition of
"damage", and significantly progressed in
clarifying the scope of the draft Protocol.
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Monitoring implementation of and compliance
with the obligations set out by the Basel
Convention

Promoting the implementation of and
compliance with the Basel Convention was the
main issue of discussion in the second
meeting of the Consultative Sub-group of
Legal and Technical Experts which also took
place in May 1997 in Geneva.  The group is
expected to give a recommendation on the
best way to promote full implementation of
the provisions of the Basel Convention. 
This includes an examination whether a
mechanism or procedure for monitoring
implementation of and compliance with the
Convention is required.

The outcome of both groups will be presented
to the fourth meeting of the Conference of
the Parties which is to take place in
October 1997.

The Basel Convention on the Control of
Transboundary Movements of Hazardous Wastes
and their Disposal is the broadest and most
significant international treaty on
hazardous waste presently in effect.  As of
this date, 110 States and the European
Community are Parties to the Convention. 
There are more than 400 million tonnes of
hazardous wastes generated each year
worldwide; some 10 per cent of these wastes
cross national borders.  Due to economic
reasons, a large amount of the movements go
from industrialized countries to developing
countries as well as to Eastern and Central
Europe where disposal costs are lower. 
Unfortunately, a number of these countries
still lack environmentally sound management
of waste disposal.  Thus, transboundary
movements of hazardous wastes have become a
global problem demanding global solutions.

For further information:

Dr. Iwona Rummel-Bulska
Executive Secretary, UNEP/Secretariat
  of the Basel Convention
15, chemin des AnＮones, 1219 Chフelaine/GE,
Switzerland
Tel:  (41 22) 979 92 18/Fax: (41 22) 797 34
54;
Email:  canales@unep.ch

UNEP Information Note 1997/22

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