Hazardous Materials And Waste

Course 5:

Hazardous Materials and Waste

Assignment Type: Legal brief






Miguel FREDES

ID 1450, Chile
Puri Casablanca Tower B-1002
Jakarta - Indonesia
miguelforest@yahoo.com



1. INTRODUCTION

The Petersberg vessel was supposed to transport hazardous waste down the Danube from Tizor to the Black Sea and from there to Neznu, where should be disposed of in anenvironmentally safe manner. The Danube is Europe's second longest river after the Volga.

When arriving in Neznu, the Petersburg vessel was prevented from unloading the waste because local authorities argued that neither the Petersburg nor Tizor, the exporting country, had the necessary permits.

As legal advisor of the Neznu, the importing country, I have been requested to portray the generalinternational legal framework in trade and transportation of hazardous wastes, which I have described in Annex I of this assignment.

Later, set out the procedure and requirements that the exporting country (Tizor) should need to comply in this specific case, keeping in mind that both states are parties to the Basel Convention on the Control of Transboundary Movements of Hazardous Waste and theirDisposal (hereinafter “Basel Convention”).

Also I have been requested to discuss if the authorities from the importing country (Neznu) are allowed to prohibit the unloading and what the Petersburg vessel should do now.

Finally, I have to close my argumentation describing the principles and legal instruments that shall be applied to determine liability in the case of accident.


2.INTRODUCTION TO BASEL CONVENTION
The Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal was adopted on 1989 and represented new procedures in international law governing disposal of hazardous wastes at international as well as national levels.
Its overall goal is to establish strict control over transboundary movements of hazardous wastes and otherwastes to protect human health and the environment against the adverse effects, which may result from the generation and management of these wastes.
2.1. Objectives
The specific objectives of the Basel Convention are:
a) to reduce transboundary movements of hazardous wastes and other wastes to a minimum consistent with their environmentally sound management;
b) to treat and dispose of hazardouswastes and other wastes as close as possible to their source of generation in an environmentally sound way; and
c) to minimize the generation of hazardous wastes and other wastes (in terms of quantity and potential hazard).
Each State Party to the Basel Convention is bound by all the obligations under the Convention. A State Party to the Convention has to have national legislationimplementing its requirements.
Furthermore, any person within the national jurisdiction of a State that is a Party to the Basel Convention, who is involved in transboundary movement of hazardous wastes or other wastes, is therefore legally bound to comply with the relevant national laws and regulations governing the transboundary movements of wastes and their disposal.
2.2 Restrictions on transboundarymovements
The Convention lays down restrictions on the transboundary movements of hazardous wastes and other wastes. These restrictions are the following:
• Parties shall prohibit the export of hazardous wastes to any such Party which has used its sovereign right referred to in Article 4, paragraph 1(a) of the Basel Convention to prohibit the import of foreign hazardous wastes and other wastesinto its territory ,
• For wastes not specifically prohibited by the importing state, parties shall prohibit the export of hazardous wastes if the importing country has not consented in writing to the specific import ,
• Each Party shall prevent the export of hazardous wastes if it has reason to believe that the wastes in question will not be managed in an environmentally sound manner.
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