PROGRESS MADE IN DRAFTING PROTOCOL ON DAMAGE FROM TRANSBOUNDARY MOVEMENT OF HAZARDOUS WASTES, THEIR DISPOSAL
Press Release
ENV/DEV/420
L/T/4339
PROGRESS MADE IN DRAFTING PROTOCOL ON DAMAGE FROM TRANSBOUNDARY MOVEMENT OF HAZARDOUS WASTES, THEIR DISPOSAL
19970602 Working Group of Basel Convention Focuses on Determining Party Liable Under LawGENEVA, 30 May (UN Information Service) -- The Ad Hoc Working Group of Legal and Technical Experts made substantial progress in drafting a Protocol on Liability and Compensation for Damage Resulting from Transboundary Movements of Hazardous Wastes and their Disposal, during its fifth session, held in May 1997 at Geneva. The Working Group is a subsidiary of the Conference of the Parties of the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal.
During the session, experts from all parts of the world discussed this complex issue and managed to streamline the previous draft. This was the first time since its establishment that the Working Group managed -- even during a meeting of only four days -- to revisit all articles of a draft protocol.
The debate focused on the question to whom liability should be channelled, that is, the person or persons from whom the claimant may ask compensation for the damage under international law. Two major trends emerged: one that favoured that the person or persons in "operational control" should be liable, the other calling for channelling liability to the exporter of the wastes which caused the damage.
On the question of the establishment of an international fund for immediate response measures in an emergency situation -- and for compensation to the extent that compensation for damage under the civil liability regime is inadequate or not available -- opinions continued to be divided. A number of delegations opposed the establishment of such a fund within the Protocol at this stage, as too many uncertainties remained regarding its structure, management, modalities and operation. Other countries saw the establishment of a fund as crucial for the Protocol, because otherwise the Protocol would not be consistent with the objectives of the Convention.
In addition, the experts agreed on an article on State responsibility, as well as on definitions, including a definition of "damage". They also made significant progress in clarifying the scope of the draft Protocol.
- 2 - Press Release ENV/DEV/420 L/T/4339 2 June 1997
Monitoring Compliance
Promoting the implementation of and compliance with the Basel Convention was the main issue of discussion in the second meeting of the consultative sub-group of Legal and Technical Experts, which also took place during May in Geneva. The group is expected to give a recommendation on the best way to promote full implementation of the Convention. This includes examining whether a mechanism or procedure is needed to monitor implementation and compliance. The outcome of both groups will be presented to the fourth meeting of the Conference of the Parties, to be held in October.
The Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal is the broadest and most significant international treaty on hazardous waste presently in effect. As of this date, 110 States and the European Community are Parties to the Convention.
There are more than 400 million tonnes of hazardous wastes generated each year worldwide. Some 10 per cent of these wastes cross national borders. Owing to economic reasons, a large amount of the movement goes from industrialized countries to developing countries, as well as to Eastern and Central Europe, where disposal costs are lower. Unfortunately, a number of these countries still lack environmentally sound management of waste disposal. Thus, transboundary movements of hazardous wastes have become a global problem demanding global solutions.
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