waste international

7/25/2019 Waste International

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Important International

Regulations

Waste


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Generally

Waste management is not a well-developed area ofinternational law.

International law has to date played a limited role inpreventing the generation of waste.

Other than the special rules which are applicable in the

EC there is noregional or global legal framework forwaste management strategy.

Rather waste has traditionally been regulatedincidentally to the attainment of other ob!ectives.

"mong the relevant international legal measures are# Regulating the disposal of wastes at sea

limiting atmospheric emissions of gaseous wastes

preventing the disposal of wastes in rivers and other

freshwaters $his approach does not address the source of the


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Problem (Institutional) "t the global level no &' or other body has overall

responsibility for waste $he (tockholm Conference did not focus on the

issue of waste. Without speci)cally mentioningwaste *rinciple + of the ,/ (tockholm

0eclaration called for the discharge of to1ic or othersubstances to behalted.

$he ,2/ World Charter for 'ature called for3special precautions4 to be taken to preventdischarge of radioactive or to1ic wastes but did notencourage minimi5ation of the generation of suchwastes.

*rinciple ,6 of the Rio 0eclaration limited itself tocalling for e7ective co-operation to 3discourage or

prevent the relocation or transfer to other states of


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First Attempt (OECD 19!)Organi"ation #or E$onomi$ Co%operation an& De'elopment

Established the basis for more comprehensive internationalapproach to waste management.

Recommendation on a Comprehensive Waste 8anagement*olicy# member countries implement waste policies to protect the

environment and ensure rational use of energy and resources whiletaking account of economic constraints.

Recommended principles included the need to take environmentalprotection into account% to encourage waste prevention% to promoterecycling% to use policy instruments% and to ensure access toinformation.

Endorsed administrative arrangements including inventories ofwastes to be disposed% the organi5ation of waste collection% theestablishment of disposal centers% the promotion of research anddevelopment on disposal methods and low-waste technology% andencouraging markets for recycled products


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De'elopment o# Regional Rulesin Europe

Organi5ation for Economic Co-operation and0evelopment 9OEC0: OEC0 member countries 9"ustralia "ustria ;elgium

Canada 0enmark


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Cairo 19 &'E* =overning Council endorsed the ,2 Cairo

=uidelines and *rinciples for the Environmentally (ound8anagement of Ba5ardous Wastes

"ssist governments to develop policies for environmentallysound management of ha5ardous wastes from generationto )nal disposal

$he =uidelines include#

=eneral principles to protect human health and theenvironment from damage from ha5ardous waste# allpracticable steps should be taken to ensure that managementof ha5ardous waste is conducted in accordance with applicableinternational law in matters of environmental protection


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EC

In ,D the EC adopted a frameworkthe Community (trategy for Waste8anagementF to guide wastemanagement policy for memberstates.


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Defning Waste Buman activity generates waste in solid liuid or gaseous form

and these wastes have tended to be categori5ed by regulatoryinstruments at the national and international level according totwo characteristics# their source 9municipal or industrial including agricultural and mining:

their ha5ardous ualities 9non-ha5ardous ha5ardous and ultra-ha5ardous:

Cairo =uidelines is to de)ne waste by reference to nationallaw GG

,/ ?ondon Convention wastes or other matters are de)nedbroadly to include 3material and substance of any kind form ordescription 9too broad GG:

,2 ;asel Convention on the other hand de)nes wastes byreference to their end use# they are 3substances or ob!ects whichare disposed of or are intended to be disposed of or are reuiredto be disposed of by the provisions of national law 9ifrecycled GGGG:

EC law 9,H: de)ned waste as 3any substance or ob!ect whichthe holder disposes of or is reuired to dispose of pursuant to the


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Defning Waste

uni$ipal *aste+ which is not deemed to be ha5ardousgenerally includes that generated by households shops

oJces and other commercial units and includes paper andcardboard glass plastics metals organic matters andputrescible materials

In&ustrial *astes include general factory rubbish

packaging materials organic wastes acids alkalis andmetalli-ferrous sludge.

ining *astes are a by-product of the e1traction processand include topsoil rock and dirt which may becontaminated by metals and coal.

Agri$ultural *astes comprise animal slurries silageeKuents tank washings following pesticide use and emptyplastic packaging.

Ra&ioa$ti'e *astes+ which are generally sub!ect to

special rules are the product of nuclear power generationmilitary sources and medical industrial and university


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Pre'ention an& -reatment


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Disposal International environmental law is more developed in limiting

or prohibiting certain methods of disposal of particular wastetypes although no single instrument comprehensively andglobally regulates waste disposal.

$reaties now regulate# the disposal of waste into the sea

the disposal of waste into rivers and lakes the disposal of waste by incineration and

into the atmosphere as a by-product of other activities.

$he =eneral "ssembly has called on all states 3to ensure thatno nuclear-waste dumping practices occur that would infringe

upon the sovereignty of states Other treaties promote#

(afe disposal of asbestos

"ppropriate4 disposal of wastes during the demolition of buildings orstructures

"ppropriate disposal of chemicals

With the e1ception of the EC rules international regulation of


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Incineration

$he incineration of wastes is limited by treaty andacts of international institutions in several regions

In the case of the EC incineration is sub!ect toconformity with stringent technical standards

$he ,+ *rotocol and ,/ ?ondon Conventionprohibits the incineration of wastes at sea

$he ,, ;amako Convention prohibits theincineration of ha5ardous waste at sea

?and-based incineration of waste is currently dealtwith only by EC legislation


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Re$y$ling an& Re%use *olitical e7orts to encourage recycling recovery and re-

use of materials and products have not yet led tointernational legal commitments

$he OEC04s International Energy "gency is committed toresearch and development on waste heat utili5ation andmunicipal and industrial waste utili5ation for energyconservation

$he ,2 8ontreal *rotocol calls for research anddevelopment and the e1change of information on the besttechnologies for improving the recovery and recycling of

certain controlled and transitional o5one-depletingsubstances

,2 ;asel Convention may provide a basis for futureinternational legislation by identifying disposal operationswhich may lead to recovery recycling and re-use

EC law reuires member states to encourage the recovery


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-rans%boun&ary o'ements199 .asel Con'ention

$he ,2 Convention on the Control of$rans-boundary 8ovements of Ba5ardous Wastes and their0isposal is intended to establish a global regime forthe control of international trade in ha5ardous andother wastes.

$he Convention which entered into force on H 8ay

,/ establishedrules designed to regulate tradein wastes rather than prohibit it.

$he Convention sets forth general obligations

reuiring all parties to ensure that transLboundarymovements of wastes are reduced to the minimumconsistent with environmentally sound and eJcientmanagement

it reMects an approach premised upon the view that

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