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The Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and Their Disposal, usually known as the Basel Convention, is an international
treaty A treaty is a formal, legally binding written agreement between actors in international law. It is usually made by and between sovereign states, but can include international organizations, individuals, business entities, and other legal per ...
that was designed to reduce the movements of
hazardous waste Hazardous waste is waste that has substantial or potential threats to public health or the environment. Hazardous waste is a type of dangerous goods. They usually have one or more of the following hazardous traits: ignitability, reactivity, cor ...
between nations, and specifically to prevent transfer of hazardous waste from developed to
less developed countries A developing country is a sovereign state with a lesser developed industrial base and a lower Human Development Index (HDI) relative to other countries. However, this definition is not universally agreed upon. There is also no clear agreem ...
(LDCs). It does not, however, address the movement of
radioactive waste Radioactive waste is a type of hazardous waste that contains radioactive material. Radioactive waste is a result of many activities, including nuclear medicine, nuclear research, nuclear power generation, rare-earth mining, and nuclear weapon ...
. The convention is also intended to minimize the rate and
toxicity Toxicity is the degree to which a chemical substance or a particular mixture of substances can damage an organism. Toxicity can refer to the effect on a whole organism, such as an animal, bacterium, or plant, as well as the effect on a subs ...
of wastes generated, to ensure their environmentally sound management as closely as possible to the source of generation, and to assist LDCs in environmentally sound management of the hazardous and other wastes they generate. The convention was opened for signature on 21 March 1989, and entered into force on 5 May 1992. As of September 2022, there are 190 parties to the convention. In addition,
Haiti Haiti (; ht, Ayiti ; French: ), officially the Republic of Haiti (); ) and formerly known as Hayti, is a country located on the island of Hispaniola in the Greater Antilles archipelago of the Caribbean Sea, east of Cuba and Jamaica, and s ...
and the United States have signed the convention but not
ratified Ratification is a principal's approval of an act of its agent that lacked the authority to bind the principal legally. Ratification defines the international act in which a state indicates its consent to be bound to a treaty if the parties inten ...
it. Following a petition urging action on the issue signed by more than a million people around the world, most of the world's countries, but not the United States, agreed in May 2019 to an amendment of the Basel Convention to include plastic waste as regulated material.UN Environment Programme, 12 May 201
"Governments Agree Landmark Decisions to Protect People and Planet from Hazardous Chemicals and Waste, Including Plastic Waste"
/ref>Phys.org, 10 May 201

/ref> Although the United States is not a party to the treaty, export shipments of plastic waste from the United States are now "criminal traffic as soon as the ships get on the high seas," according to the Basel Action Network (BAN), and carriers of such shipments may face liability, because the transportation of plastic waste is prohibited in just about every other country.The Maritime Executive, 14 March 202
"Report: U.S. Plastic Waste Exports May Violate Basel Convention"
/ref>


History

With the tightening of environmental laws (for example, RCRA) in developed nations in the 1970s, disposal costs for hazardous waste rose dramatically. At the same time, globalization of shipping made transboundary movement of waste more accessible, and many LDCs were desperate for foreign currency. Consequently, the trade in hazardous waste, particularly to LDCs, grew rapidly. One of the incidents which led to the creation of the Basel Convention was the ''Khian Sea'' waste disposal incident, in which a ship carrying incinerator ash from the city of Philadelphia in the United States dumped half of its load on a beach in Haiti before being forced away. It sailed for many months, changing its name several times. Unable to unload the cargo in any port, the crew was believed to have dumped much of it at sea. Another is the 1988 Koko case in which five ships transported 8,000 barrels of hazardous waste from Italy to the small town of Koko in Nigeria in exchange for $100 monthly rent which was paid to a Nigerian for the use of his farmland. At its meeting that took place from 27 November to 1 December 2006, the conference of the parties of the Basel Agreement focused on issues of
electronic waste Electronic waste or e-waste describes discarded electrical or electronic devices. Used electronics which are destined for refurbishment, reuse, resale, salvage recycling through material recovery, or disposal are also considered e-waste. Inform ...
and the dismantling of ships. According to Maureen Walsh, only around 4% of hazardous wastes that come from
OECD The Organisation for Economic Co-operation and Development (OECD; french: Organisation de coopération et de développement économiques, ''OCDE'') is an intergovernmental organisation with 38 member countries, founded in 1961 to stimulate ...
countries are actually shipped across international borders. These wastes include, among others, chemical waste,
radioactive waste Radioactive waste is a type of hazardous waste that contains radioactive material. Radioactive waste is a result of many activities, including nuclear medicine, nuclear research, nuclear power generation, rare-earth mining, and nuclear weapon ...
,
municipal solid waste Municipal solid waste (MSW), commonly known as trash or garbage in the United States and rubbish in Britain, is a waste type consisting of everyday items that are discarded by the public. "Garbage" can also refer specifically to food waste ...
,
asbestos Asbestos () is a naturally occurring fibrous silicate mineral. There are six types, all of which are composed of long and thin fibrous crystals, each fibre being composed of many microscopic "fibrils" that can be released into the atmosphere b ...
, incinerator ash, and old tires. Of internationally shipped waste that comes from developed countries, more than half is shipped for recovery and the remainder for final disposal. Increased trade in recyclable materials has led to an increase in a market for used products such as computers. This market is valued in billions of dollars. At issue is the distinction when used computers stop being a "commodity" and become a "waste". As of September 2022, there are 190 parties to the treaty, which includes 187
UN member states The United Nations member states are the sovereign states that are members of the United Nations (UN) and have equal representation in the UN General Assembly. The UN is the world's largest intergovernmental organization. The criter ...
, the
Cook Islands ) , image_map = Cook Islands on the globe (small islands magnified) (Polynesia centered).svg , capital = Avarua , coordinates = , largest_city = Avarua , official_languages = , lan ...
, the
European Union The European Union (EU) is a supranational union, supranational political union, political and economic union of Member state of the European Union, member states that are located primarily in Europe, Europe. The union has a total area of ...
, and the
State of Palestine Palestine ( ar, فلسطين, Filasṭīn), officially the State of Palestine ( ar, دولة فلسطين, Dawlat Filasṭīn, label=none), is a state located in Western Asia. Officially governed by the Palestine Liberation Organization ( ...
. The six UN member states that are not party to the treaty are
East Timor East Timor (), also known as Timor-Leste (), officially the Democratic Republic of Timor-Leste, is an island country in Southeast Asia. It comprises the eastern half of the island of Timor, the exclave of Oecusse on the island's north-w ...
,
Fiji Fiji ( , ,; fj, Viti, ; Fiji Hindi: फ़िजी, ''Fijī''), officially the Republic of Fiji, is an island country in Melanesia, part of Oceania in the South Pacific Ocean. It lies about north-northeast of New Zealand. Fiji consis ...
,
Haiti Haiti (; ht, Ayiti ; French: ), officially the Republic of Haiti (); ) and formerly known as Hayti, is a country located on the island of Hispaniola in the Greater Antilles archipelago of the Caribbean Sea, east of Cuba and Jamaica, and s ...
,
San Marino San Marino (, ), officially the Republic of San Marino ( it, Repubblica di San Marino; ), also known as the Most Serene Republic of San Marino ( it, Serenissima Repubblica di San Marino, links=no), is the fifth-smallest country in the world an ...
,
South Sudan South Sudan (; din, Paguot Thudän), officially the Republic of South Sudan ( din, Paankɔc Cuëny Thudän), is a landlocked country in East Africa. It is bordered by Ethiopia, Sudan, Central African Republic, Democratic Republic of th ...
, and United States.


Definition of ''hazardous waste''

Waste falls under the scope of the convention if it is within the category of wastes listed in Annex I of the convention and it exhibits one of the hazardous characteristics contained in Annex III. In other words, it must both be listed and possess a characteristic such as being explosive, flammable, toxic, or corrosive. The other way that a waste may fall under the scope of the convention is if it is defined as or considered to be a hazardous waste under the laws of either the exporting country, the importing country, or any of the countries of transit. The definition of the term disposal is made in Article 2 al 4 and just refers to annex IV, which gives a list of operations which are understood as disposal or recovery. Examples of disposal are broad, including recovery and recycling. Alternatively, to fall under the scope of the convention, it is sufficient for waste to be included in Annex II, which lists other wastes, such as household wastes and residue that comes from incinerating household waste.
Radioactive waste Radioactive waste is a type of hazardous waste that contains radioactive material. Radioactive waste is a result of many activities, including nuclear medicine, nuclear research, nuclear power generation, rare-earth mining, and nuclear weapon ...
that is covered under other international control systems and wastes from the normal operation of ships are not covered. Annex IX attempts to define wastes which are not considered hazardous wastes and which would be excluded from the scope of the Basel Convention. If these wastes however are contaminated with hazardous materials to an extent causing them to exhibit an Annex III characteristic, they are not excluded.


Obligations

In addition to conditions on the import and export of the above wastes, there are stringent requirements for notice, consent and tracking for movement of wastes across national boundaries. It is of note that the convention places a general prohibition on the exportation or importation of wastes between parties and non-parties. The exception to this rule is where the waste is subject to another treaty that does not take away from the Basel Convention. The United States is a notable non-party to the convention and has a number of such agreements for allowing the shipping of hazardous wastes to Basel Party countries. The OECD Council also has its own control system that governs the transboundary movement of hazardous materials between OECD member countries. This allows, among other things, the OECD countries to continue trading in wastes with countries like the United States that have not ratified the Basel Convention. Parties to the convention must honor import bans of other parties. Article 4 of the Basel Convention calls for an overall reduction of waste generation. By encouraging countries to keep wastes within their boundaries and as close as possible to its source of generation, the internal pressures should provide incentives for waste reduction and pollution prevention. Parties are generally prohibited from exporting covered wastes to, or importing covered waste from, non-parties to the convention. The convention states that illegal hazardous waste traffic is criminal but contains no enforcement provisions. According to Article 12, parties are directed to adopt a protocol that establishes liability rules and procedures that are appropriate for damage that comes from the movement of hazardous waste across borders. The current consensus is that as space is not classed as a "country" under the specific definition, export of e-waste to non-terrestrial locations would not be covered.


Basel Ban Amendment

After the initial adoption of the convention, some least developed countries and environmental organizations argued that it did not go far enough. Many nations and NGOs argued for a total ban on shipment of all hazardous waste to LDCs. In particular, the original convention did not prohibit waste exports to any location except
Antarctica Antarctica () is Earth's southernmost and least-populated continent. Situated almost entirely south of the Antarctic Circle and surrounded by the Southern Ocean, it contains the geographic South Pole. Antarctica is the fifth-largest cont ...
but merely required a notification and consent system known as "prior informed consent" or PIC. Further, many waste traders sought to exploit the good name of recycling and begin to justify all exports as moving to recycling destinations. Many believed a full ban was needed including exports for recycling. These concerns led to several regional waste trade bans, including the Bamako Convention. Lobbying at 1995 Basel conference by LDCs,
Greenpeace Greenpeace is an independent global campaigning network, founded in Canada in 1971 by Irving Stowe and Dorothy Stowe, immigrant environmental activists from the United States. Greenpeace states its goal is to "ensure the ability of the Earth t ...
and several European countries such as Denmark, led to the adoption of an amendment to the convention in 1995 termed the Basel Ban Amendment to the Basel Convention. The amendment has been accepted by 86 countries and the European Union, but has not entered into force (as that requires ratification by three-fourths of the member states to the convention). On 6 September 2019, Croatia became the 97th country to ratify the amendment which will enter into force after 90 days on 5 December 2019. The amendment prohibits the export of hazardous waste from a list of developed (mostly
OECD The Organisation for Economic Co-operation and Development (OECD; french: Organisation de coopération et de développement économiques, ''OCDE'') is an intergovernmental organisation with 38 member countries, founded in 1961 to stimulate ...
) countries to developing countries. The Basel Ban applies to export for any reason, including
recycling Recycling is the process of converting waste materials into new materials and objects. The Energy recycling, recovery of energy from waste materials is often included in this concept. The recyclability of a material depends on its ability t ...
. An area of special concern for advocates of the amendment was the sale of ships for salvage,
shipbreaking Ship-breaking (also known as ship recycling, ship demolition, ship dismantling, or ship cracking) is a type of ship disposal involving the breaking up of ships for either a source of parts, which can be sold for re-use, or for the extraction ...
. The Ban Amendment was strenuously opposed by a number of industry groups as well as nations including Australia and Canada. The number of ratification for the entry-into force of the Ban Amendment is under debate: Amendments to the convention enter into force after ratification of "three-fourths of the Parties who accepted them" rt. 17.5 so far, the parties of the Basel Convention could not yet agree whether this would be three-fourths of the parties that were party to the Basel Convention when the ban was adopted, or three-fourths of the current parties of the convention ee Report of COP 9 of the Basel Convention The status of the amendment ratifications can be found on the Basel Secretariat's web page. The
European Union The European Union (EU) is a supranational union, supranational political union, political and economic union of Member state of the European Union, member states that are located primarily in Europe, Europe. The union has a total area of ...
fully implemented the Basel Ban in its Waste Shipment Regulation ( EWSR), making it legally binding in all EU member states. Norway and Switzerland have similarly fully implemented the Basel Ban in their legislation. In the light of the blockage concerning the entry into force of the Ban Amendment, Switzerland and Indonesia have launched a "Country-led Initiative" (CLI) to discuss in an informal manner a way forward to ensure that the trans boundary movements of hazardous wastes, especially to developing countries and countries with economies in the transition, do not lead to an unsound management of hazardous wastes. This discussion aims at identifying and finding solutions to the reasons why hazardous wastes are still brought to countries that are not able to treat them in a safe manner. It is hoped that the CLI will contribute to the realization of the objectives of the Ban Amendment. The Basel Convention's website informs about the progress of this initiative.


Regulation of plastic waste

In the wake of popular outcry, in May 2019 most of the world's countries, but not the United States, agreed to amend the Basel Convention to include plastic waste as a regulated material. The world's oceans are estimated to contain 100 million
metric tons The tonne ( or ; symbol: t) is a unit of mass equal to 1000  kilograms. It is a non-SI unit accepted for use with SI. It is also referred to as a metric ton to distinguish it from the non-metric units of the short ton ( United State ...
of plastic, with up to 90% of this quantity originating in land-based sources. The United States, which produces an annual 42 million metric tons of plastic waste, more than any other country in the world, opposed the amendment, but since it is not a party to the treaty it did not have an opportunity to vote on it to try to block it. Information about, and visual images of, wildlife, such as
seabird Seabirds (also known as marine birds) are birds that are adapted to life within the marine environment. While seabirds vary greatly in lifestyle, behaviour and physiology, they often exhibit striking convergent evolution, as the same envir ...
s, ingesting plastic, and scientific findings that
nanoparticles A nanoparticle or ultrafine particle is usually defined as a particle of matter that is between 1 and 100 nanometres (nm) in diameter. The term is sometimes used for larger particles, up to 500 nm, or fibers and tubes that are less than 10 ...
do penetrate through the
blood–brain barrier The blood–brain barrier (BBB) is a highly selective semipermeable border of endothelial cells that prevents solutes in the circulating blood from ''non-selectively'' crossing into the extracellular fluid of the central nervous system where ne ...
were reported to have fueled public sentiment for coordinated international legally binding action. Over a million people worldwide signed a petition demanding official action. Although the United States is not a party to the treaty, export shipments of plastic waste from the United States are now "criminal traffic as soon as the ships get on the high seas," according to the Basel Action Network (BAN), and carriers of such shipments may face liability, because the Basel Convention as amended in May 2019 prohibits the transportation of plastic waste to just about every other country. The Plastic Waste Amendments of the convention are now binding on 186 States. In addition to ensuring the trade in plastic waste is more transparent and better regulated, under the Basel Convention governments must take steps not only to ensure the environmentally sound management of plastic waste, but also to tackle plastic waste at its source.


Basel watchdog

The Basel Action Network (BAN) is a charitable
civil society Civil society can be understood as the "third sector" of society, distinct from government and business, and including the family and the private sphere.non-governmental organization A non-governmental organization (NGO) or non-governmental organisation (see spelling differences) is an organization that generally is formed independent from government. They are typically nonprofit entities, and many of them are active in ...
that works as a
consumer watchdog Consumer Watchdog (formerly the Foundation for Taxpayer and Consumer Rights) is a non-profit, progressive organization which advocates for taxpayer and consumer interests, with a focus on insurance, health care, political reform, privacy and ener ...
for implementation of the Basel Convention. BAN's principal aims is fighting exportation of
toxic waste Toxic waste is any unwanted material in all forms that can cause harm (e.g. by being inhaled, swallowed, or absorbed through the skin). Mostly generated by industry, consumer products like televisions, computers, and phones contain toxic chemi ...
, including plastic waste, from industrialized societies to
developing countries A developing country is a sovereign state with a lesser developed industrial base and a lower Human Development Index (HDI) relative to other countries. However, this definition is not universally agreed upon. There is also no clear agreem ...
. BAN is based in
Seattle Seattle ( ) is a seaport city on the West Coast of the United States. It is the seat of King County, Washington. With a 2020 population of 737,015, it is the largest city in both the state of Washington and the Pacific Northwest region o ...
, Washington, United States, with a partner office in the
Philippines The Philippines (; fil, Pilipinas, links=no), officially the Republic of the Philippines ( fil, Republika ng Pilipinas, links=no), * bik, Republika kan Filipinas * ceb, Republika sa Pilipinas * cbk, República de Filipinas * hil, Republ ...
. BAN works to curb trans-border trade in hazardous electronic waste, land dumping,
incineration Incineration is a waste treatment process that involves the combustion of substances contained in waste materials. Industrial plants for waste incineration are commonly referred to as waste-to-energy facilities. Incineration and other high ...
, and the use of prison labor.


See also

*
Asbestos and the law The mineral asbestos is subject to a wide range of laws and regulations that relate to its production and use, including mining, manufacturing, use and disposal. Injuries attributed to asbestos have resulted in both workers' compensation claims an ...
* Bamako Convention *
Electronic waste by country Electronic waste is a significant part of today's global, post-consumer waste stream. Efforts are being made to recycle and reduce this waste. Basel Convention The Basel Convention on the Control of Transboundary Movements of Hazardous Wastes ...
* Rotterdam Convention *
Stockholm Convention Stockholm Convention on Persistent Organic Pollutants is an international environmental treaty, signed on 22 May 2001 in Stockholm and effective from 17 May 2004, that aims to eliminate or restrict the production and use of persistent organic ...


References


Further reading

* ''Toxic Exports'', Jennifer Clapp, Cornell University Press, 2001. * ''Challenging the Chip: Labor Rights and Environmental Justice in the Global Electronics Industry'', Ted Smith, David A. Sonnenfeld, and David Naguib Pellow, eds., Temple University Pres
link
. * "Toxic Trade: International Knowledge Networks & the Development of the Basel Convention," Jason Lloyd, ''International Public Policy Review'', UCL.


External links

* *
Text of the Convention
*
"A Simplified Guide to the Basel Convention"

Text of the regulation no.1013/2006 of the European Union on shipments of waste

Flow of Waste among Basel Parties


on the website of the ttps://www.un.org/law/avl/ UN Audiovisual Library of International Lawbr>Basel Convention
Treaty available in ECOLEX-the gateway to environmental law (English) ;Organisations
Basel Action Network

Africa Institute for the Environmentally Sound Management of Hazardous and other Wastes
a.k.a. Basel Convention Regional Centre Pretoria
Page on the Basel Convention
at Greenpeace
Basel Convention Coordinating Centre for Asia and the Pacific
{{authority control Pollution Environmental treaties Waste treaties Chemical safety Treaties concluded in 1989 Treaties entered into force in 1992 1992 in the environment Hazardous waste