Legal Definitions - Basel Convention

The Basel Convention, formally known as the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and Their Disposal, is an international treaty established in 1992. Its primary purpose is to regulate the movement of hazardous waste across national borders and ensure its environmentally sound management and disposal. The Convention aims to prevent the transfer of hazardous waste from wealthier countries to less developed nations, which often lack the infrastructure and resources to manage such waste safely.

This agreement sets out a framework for countries to follow, requiring prior informed consent from importing countries before hazardous waste can be shipped to them. It also promotes the reduction of hazardous waste generation and encourages its disposal as close as possible to its source.

Here are some examples illustrating the application of the Basel Convention:

• Preventing Illegal Dumping: Imagine a company in a developed country attempting to export a large shipment of old, broken electronics (e-waste), which contain hazardous materials like lead and mercury, to a developing country under the guise of "reusable goods." The Basel Convention would classify this e-waste as hazardous and require the exporting country to obtain explicit prior informed consent from the importing country. If the importing country lacks the proper facilities to safely process or dispose of the e-waste, or if the consent process is not followed, the Convention would prohibit the shipment, preventing potential environmental pollution and health risks in the receiving nation.

• Regulating Legitimate Cross-Border Transport: Consider a chemical manufacturing plant in Country A that produces a specific hazardous byproduct requiring specialized treatment. The only facility capable of safely neutralizing this particular waste is located in neighboring Country B. Under the Basel Convention, the company in Country A would need to follow strict procedures, including notifying Country B's authorities, obtaining their written consent, and ensuring the waste is properly packaged, labeled, and transported according to international standards. This ensures that even legitimate movements of hazardous waste are conducted safely and transparently.

• Addressing Accidental or Unlawful Shipments: Suppose a cargo ship arrives at a port in Country C, having originated from Country D, carrying what was declared as non-hazardous industrial scrap. Upon inspection, authorities in Country C discover that a significant portion of the cargo is actually highly toxic chemical waste. The Basel Convention provides a framework for addressing such unlawful traffic. It would obligate Country D, as the exporting state, to take back the hazardous waste or ensure its environmentally sound disposal, preventing Country C from being burdened with the cleanup of illegally dumped materials.