Exporting hazardous waste: where has the environmental equity gone

1
Exporting hazardous waste where has the
environmental equity gone?
Sangeeta Sonak Mahesh Sonak Asha Giriyan
2
Structure of the paper

• Case study Le Clemenceau
• Basel convention
• Achievements of the Basel Convention
• Limitations of the Basel Convention
• A Short Commentary

3
 Le Clemenceau A Trojan horse?

• French Warship
• Sent for final disposal in India
• Protests from environmentalists groups
• Asbestos aboard the ship
• French Governments arguments
• Warships are entitled to sovereign immunity
• The ship was decontaminated of all toxic
  materials
• Judicial Opinion sought in India
• French Apex Court ruled out against the decision
  to
• send to India
• Recalled by the French President

4
Contentious issues

• Whether a defence ship is excluded from the scope
  of internationally binding regulations for
  trans-boundary movement of hazardous waste
• What constitutes hazardous waste
• Whether the ship that is to be disposed can be
  called as waste

5
Proposal for the Basel Convention

• Trans-boundary movement of hazardous waste
• The original proposal regulation of waste, but
  a free
• trans-boundary movement using a prior
  informed
• consent (PIC) approach
• Opposition from developing countries, who
• proposed complete ban

6
Basel Convention

• European countries divided on the ban
• Denmark strongly pushed the ban Scandinavian
• countries supported
• The regional fora such as the Nordic Council and
  
• Organization of African unity generated
  additional
• pressures
• In 1994, II CoP to the Basel convention
  introduced
• a ban on all export of hazardous waste from
  
• OECD to non-OECD countries for final
  disposal.
• Waste cannot be exported to countries in which
• there was reason to believe that it will not
  be
• disposed of in an environmentally sound
  manner

7
Achievements of the Basel Convention

• Has important implications for developing
  countries.
• Recognizes sovereign right of the states to ban
  imports
• individually or regionally.
• Follows Prior Informed Consent (PIC) approach,
  thus
• attempting to prevent illegal trade.
• Can force the State of export accept the return
  of illegal
• waste, where practicable.
• Trans-boundary movement of hazardous waste is
  permitted
• only in circumstances where the state of
  export does not
• have the capacity or facilities to dispose
  of the wastes in
• environmentally sound manner itself, unless
  intended for
• recycling.
• Endorses international policies in favour of
  reducing waste
• and eliminating the need for waste disposal
  by adopting
• cleaner mechanisms.

8
Limitations of the Basel Convention

• Deals with the export of waste only from OECD
  countries.
• Not binding on non-OECD countries
• Trade of waste among developing countries is not
  prohibited.
• Trade from developing countries to developed
  countries is not
• prohibited.
• Applicable to only wastes and does not cover
  other general
• substances/materials such as chemicals.
• Concerned only with wastes that are listed as
  hazardous in
• Conventions annexes.
• Ships carrying hazardous material do not lose
  right of passage
• in the territorial sea.

9
Some Facts about Le Clemenceau

• Inadequacy in international institutional
  mechanisms
• Precautionary approach was not applied
• Neither was prior informed consent obtained
• Misleading arguments

10
A short Commentary

• Minimizing generation of hazardous waste and
• promoting disposal at source
• The concept of environmental equity and justice
• Cost of environment is disproportionately
  borne by the
• unempowered communities
• Shift of marine pollution from local environment
  of
• richer countries to global marine
  environment
• Flag of Convenience
• Ambiguity and subjectivity involved in
  international
• instruments

11
To conclude
A need for promotion of research to plug the gaps
and for stringent institutions based on the
principles of environmental equity and justice