Basel Convention - Obligations

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 trans-boundary 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.

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.