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Indian Journal of Law and Human Behavior

Volume  5, Issue 3, September-December 2019, Pages 289-297
 

Review Article

Transboundary Movement of Hazardous Waste and its Disposal: A Study on Contemporary Environmental Issue and Challanges

Aparna Singh1, Smriti Singh2

1Assistant Professor of Law, 2Research Scholar in Law (UGC-JRF), Dr. Ram Manohar Lohiya National Law University, LDA Colony, Lucknow, Uttar Pradesh 226012, India.

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DOI: DOI: http://dx.doi.org/10.21088/ijlhb.2454.7107.5319.1

Abstract

Hazardous waste has become a big threat to the environment. It’s handling and disposal has presented such challenges which would lead to catastrophic effects. However, one of the major concern relating to hazardous waste relates to its trans-boundary movement which disturbs the scales of environmental justice. There have been various attempts made by the international community to address this issue through the means of conventions and treaties. The Basel Convention has made an attempt to address the problem of trans-boundary movement of hazardous waste. The Convention did achieve some success in dealing with the problem but there are various lacunas and loop holes which need attention for its effective implementation. The Convention fails to impose uniform obligations. It is not uniform and clear in the categorization of hazardous waste. There is no effective monitoring and control mechanism that has been put in place by the Convention. Also, the BAN Amendment does not provide any incentive for the parties for its enforcement. There is a need for predictability, traceability and transparency of trade in recycle in order to accommodate the changing patterns of trade to set measures to protect human health and environment. The Basel Convention needs to overcome the lacunas so that it can achieve the goal of environment justice.

Keywords: Hazardous; Trans-boundary; Trade; Waste.


Corresponding Author : Smriti Singh