TED Case Studies

SST Pollution

          CASE NUMBER:           4 
          CASE MNEMONIC:      BASEL
          CASE NAME:          Basel Agreement on Waste Trade

A.        IDENTIFICATION

1.        The Issue

     The Basel Convention on the Control of Transboundary Movements
of Hazardous Waste (hereafter referred to as the "Basel Convention"
or "Convention") is the first global attempt to regulate and
monitor the international transport of hazardous wastes.  One of
the Convention's main objectives is to protect countries from
uncontrolled dumping of toxic wastes within their borders emanating
from foreign sources.  In addition, the Convention seeks to promote
environmentally conscious disposal of wastes.  

2.        Description

     In recent decades the problem of hazardous waste has grown
considerably.  In 1947, the worldwide generation of waste was about
5 million metric tons.  By 1988, that figure had grown to over 300
million metric tons, with more than three-quarters of that, 265
million metric tons, coming from the United States alone. 
Disposal of hazardous waste has become a major concern to both
developed and developing countries.  

     Over the past few decades, developed nations have increasingly
opted to ship their waste to developing countries.  It was believed
by both sides that agreeing on proper disposal methods was mutually
beneficial from an economic standpoint; the developed world could
dispose of its waste at a lower cost, while developing countries
would benefit from the substantial revenue generated by waste
disposal.  Unfortunately, developing countries were often ill-
equipped to dispose of the waste properly, leading to considerable
environmental damage.  Developing countries, desperate for hard
currency, were also concerned that their environment was being
destroyed by the garbage of the first world.  A compromise solution
was needed to deal with the massive amount of hazardous waste
generated every year.

     The United Nations Environment Programme (UNEP) in 1987 took
the first step toward a solution to the world's waste disposal
problems.  It adopted the Cairo Guidelines and Principles for the
Environmentally Sound Management of Hazardous Waste which contained
recommendations concerning the export of hazardous waste.  The
Cairo Guidelines call for "notification to receiving and transit
nations of any export and consent by those nations prior to
export."  Under the guidelines, it is the exporter's
responsibility to ensure that the disposal site meets specified
requirements for safety.  UNEP wanted to enlarge the scope of their
international regulation of hazardous waste by creating a
convention to formalize regulation procedures into international
law.

     The Basel Convention, signed by 116 nations, was the result of
this effort.  Signed in Budapest, Hungary in October, 1987, the
Convention went into force on May 5, 1992.  The debate over the
scope of the Convention caused many delays in the negotiating
process.  Some nations wanted an outright ban on the transboundary
movement of wastes, while others sought only minimal regulation. 
In the end, the Basel Convention produced twenty-nine articles and
six annexes that regulate, from cradle to grave, all hazardous
wastes that are to be shipped across national borders.  

     Before the Convention could set down regulations for hazardous
waste, a mutually agreeable definition for waste had to be reached. 
The final version allowed for the definition of hazardous waste to
come from provisions written into the national laws of the
signatories; thus, the definition was not universal but country
based.  In addition, wastes were defined according to their origins
and component parts.  The incorporation of national laws into the
definition of waste products helped foster consensus among the
signatories.  

     The Basel Convention also called for signatories to work to
reduce the amount of hazardous waste that they generate.  There
were no provisions for how much, or in what time frame, waste
generation should be reduced, thus mitigating much of the
provision's effectiveness.  However, it did note that any waste
that cannot be properly disposed abroad should be disposed of as
close as possible to the source of production and done in an
environmentally safe manner.

     The regulation of the international shipment of hazardous
waste was the real goal of the Basel Convention.  The number of
waste exports increased from 30 in 1980 to over 400 by 1986. 
Regulation of waste origins and destinations is important to
ensuring products are disposed of in an environmentally sound way. 
The regulation procedure is as follows: the exporting nation must
notify in advance the importing nation of the nature of the waste
to be trans-shipped.  Proper disposal sites are then to be
guaranteed by the exporter.  The receiving nation and any
intermediate nations may deny entry, request additional
information, or approve the shipment.  A type of uniform
consignment note, listing contents, hazards, and disposal
procedures, must accompany waste shipments at all times.  The
disposer must notify the exporter and the exporting nation once
disposal of the waste is complete.  To prevent any country from
circumventing the provisions, signatories are forbidden to export
waste to non-signatory nations unless it is done under the
provisions of a separate bilateral or multilateral agreement.

     What conclusions can be made about the Basel Convention?  It
should be noted that it is an important first step in controlling
hazardous waste disposal on a global level.  Critics, such as the
environmental group Greenpeace, say that regulation is not enough
and that international trade in hazardous waste should be banned. 
Although this is a desirable end, the beginning must be less
drastic for the program to succeed.  Basel provides for extensive
regulation of the movement of wastes which will prove beneficial in
guaranteeing safe and proper disposal.  The provisions of the
Convention that call for a reduction in waste generation on the
part of the signatories is a step in the right direction toward
eventually banning waste trade.

3.        Related Cases

     BARREL case
     MEDIT case
     JELLYWAX case
     KHAIN case
     BASMEX case

     Keyword Clusters         

     (1): Domain                   = GLOBAL
     (2): Bio-geography            = MANY 
     (3): Environmental Problem    = Pollution LAND [POLL]

4.        Draft Author:  Kevin Cuddy

B.        LEGAL Filters

5.        Discourse and Status:  AGReement and COMPlete

6.        Forum and Scope:  BASEL and MULTIlateral

     The Basel Convention negotiations were conducted under the
auspices of the United Nations Environment Program (UNEP).  Final
implementation of the agreement was contingent upon ratification by
twenty signatories.   

7.        Decision Breadth:  116 (Basel signatories)

     Signatories agree to follow the procedures regulating the
movement, control, and disposal of hazardous wastes.  The Basel
Convention calls for the regulation from "cradle to grave" of
hazardous wastes transported between nations.

8.        Legal Standing: TREATY

C.        GEOGRAPHIC Filters

9.        Geographic Locations

     a.   Geographic Domain : GLOBAL
     b.   Geographic Site   : GLOBAL
     c.   Geographic Impact : GLOBAL

10.       Sub-National Factors:  NO

11.       Type of Habitat:  GLOBAL

     Given the number of signatories, this accord has global
implications.

D.        TRADE Filters

12.       Type of Measure:  Regulatory Standard [REGSTD]

     The provisions include import bans as well as export bans and
various types of regulatory measures, especially standards.

13.       Direct vs. Indirect Impacts:  DIRect

14.       Relation of Measure to Environmental Impact

     a.  Directly Related     : YES  WASTE
     b.  Indirectly Related   : NO
     c.  Not Related          : NO
     d.  Process Related      : YES  Pollution Land [POLL]

15.       Trade Product Identification:  WASTE

16.       Economic Data

     The average cost of waste disposal is $2,000 per metric ton
and the volume of (reported) hazardous waste generated world wide
in 1988 was 300 million metric tons.  Therefore, the value of
global trade is about $600 million annually.  The volume of
hazardous waste generated in the United States in 1988 equaled 265
million metric tons.

17.       Impact of Measure on Trade Competitiveness: LOW

     Enforcement of the convention would likely add to the cost of
the product.  A conservative estimate is 10 percent.

18.       Industry Sector:  WASTE

19.       Exporter and Importer:  MANY and MANY

E.        ENVIRONMENT Filters

20.       Environmental Problem Type: Pollution Land [POLL] 

21.       Name, Type, and Diversity of Species 

          Name:          Many
          Type:          Many
          Diversity:     Global

22.       Resource Impact and Effect:  HIGH and PRODuct

23.       Urgency and Lifetime:  Long and 100s of years

     Many wastes can contaminate lands for hundreds of years.

24.       Substitutes:  Bio-degradable [BIODG] products 

VI.       OTHER Factors

25.       Culture:  NO

26.       Trans-Border:  NO

     Many of the issues have a trans-border component, but at its
core this treaty is not about wastes crossing borders.

27.       Rights:  YES

     Waste dumping invariably becomes a human rights issues as it
effects human and environmental health.

28.  Relevant Literature

Douglas, Cristina L.  "Hazardous Waste Export: Recommendations
     for United States Legislation to Ratify the Basel
     Convention."  The Wayne Law Review 38, (1991), 289-325.
Greenpeace.  Greenpeace Waste Trade Update (Washington, DC,
     March 22, 1991).
Greenpeace.  Greenpeace Waste Trade Update (Washington, DC,
     Summer, 1991).
Hackett, David P.  "An Assessment of the Basel Convention on 
     the Control of Transboundary Movements of Hazardous
     Wastes and Their Disposal."  American University Journal
     of International Law and Policy 5 (Spring 1990): 291-323.
Johnson, Stephen.  "The Basel Convention: The Shape of Things 
     to Come for United States' Waste Exports."  Environmental
     Law 21 (1991): 299+.
Kiss, Alexandre.  "The International Control of Transboundary 
     Movement of Hazardous Waste."  Texas International Law
     Journal (Summer 1991): 521+. 
Kummer, Katharina.  "The International Regulation of
     Transboundary Traffic in Hazardous Waste: The 1989 Basel
     Convention." International and Comparative Law Quarterly
     (July 1992): 530-562.
Mounteer, Thomas R.  "Codifying Basel Convention Obligations Into
     U.S. Law: The Waste Export Control Act."  Environmental
     Law Reporter (February 1991): 10085-10098.
Sperling, Lawrence I., Feldman, Ira R.  "The Transboundary
     Movement of Hazardous Waste: Implementation and
     Enforcement of Control Regimes in the European
     Community."  Environmental Law Reporter (November 1992):
     10701-10716.

                           References