User:Kaihsu/EnvC4

C4: The management of hazardous substances and waste

Sustainable Development Goal 12: Ensure sustainable consumption and production patterns; target 12.4: “By 2020, achieve the environmentally sound management of chemicals and all wastes throughout their life cycle, in accordance with agreed international frameworks, and significantly reduce their release to air, water and soil in order to minimize their adverse impacts on human health and the environment”; 12.5 “by 2030, substantially reduce waste generation through prevention, reduction, recycling, and reuse.”

No framework treaty, regulation mostly fragmented and regional; but Inter-Organization Programme for the Sound Management of Chemicals (IOMC &rarr; GHS, SAICM), International Programme on Chemical Safety (IPCS); FAO Pesticide Code of Conduct 2013 [1985]. Secretariats of Basel, Rotterdam (FAO) and Stockholm Conventions work under the ‘synergies decisions’ and run by UNEP. 2013 Minamata Convention on Mercury (in force 2017) follows Stockholm POP Convention’s pattern. 1995 Waigani Convention (Pacific Islands Forum, in force 2001) follows that of Basel. Other treaties regulate nuclear materials.

UN Human Rights Council and High Commissioner have a Special Rapporteur on the implications for human rights of the environmentally sound management and disposal of hazardous substances and wastes (special rapporteur on toxics).

1998 Rotterdam PIC Convention
Rotterdam Convention on the Prior Informed Consent Procedure for Certain Hazardous Chemicals and Pesticides in International Trade (in force since 2004) provides: This ratcheting-up promotes the phase-out of such chemicals. But non-precautionary, no reimport obligation for illegal shipments. Compliance mechanism comes into force ≈ 2020/2021. EU law extends the scheme to exports from EU to non-parties. “Emphasizing that nothing in this Convention shall be interpreted as implying in any way a change in the rights and obligations of a Party under any existing international agreement applying to chemicals in international trade or to environmental protection, – Understanding that the above recital is not intended to create a hierarchy between this Convention and other international agreements”: preamble.
 * There must be prior informed consent for chemicals listed in Annex III.
 * Export must be notified if the chemical is banned or severely restricted in the exporting state.
 * COP (helped by Chemical Review Committee) may add such chemicals (and hazardous pesticides) to Annex III if two regions propose; unanimity, no opt-out.

2001 Stockholm POPs Convention
Stockholm Convention on Persistent Organic Pollutants (in force since 2004) is based on the precautionary approach: art. 1. Parties are obliged to introduce measures to reduce or to eliminate releases from The persistent organic pollutants are listed in Annexes A (for elimination), B (severe restriction, DDT), C (reduction of unintentional emissions); COPs have amended these by majority vote several times, opt-outs allowed. Exempt uses phased out everywhere are not brought back, so are banned in effect.
 * intentional production and use (art. 3)
 * unintentional production (art. 5, annex C, best available techniques, best environmental practices; Pulp Mills)
 * stockpiles and wastes (art. 6).

1989 Basel Convention
Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and Their Disposal obliges the parties to minimise waste generation and its transboundary movement (proximity principle). Export is banned to other parties where there is reason to believe that the wastes will not be managed in an environmentally-sound manner, to non-parties, to Antarctica; in other words, banned unless shown to be harmless: precautionary, beyond due diligence. Does it legitimize trade by regulating it?

Prior informed consent: Parties must consent in writing to any imports not banned: art. 4. “The Parties consider that illegal traffic in hazardous wastes or other wastes is criminal”: art. 4(3). Routine transport within 12 months and transit states are regulated: art. 6. Duty to reimport if transport fails to complete or is illegal: art. 8, 9.

The “Basel ban amendment” (new art. 4A, Decision III/1, 1995) (in force 2019-12-05) bans hazard waste transfer from developed to developing states for disposal.

Following 2018 Open-ended Working Group, 2019 COP-14 adopted plastic waste amendments to the annexes (in force 2021) and set up a plastic waste partnership focusing on esp. single-use plastics. (Most marine plastic litter e.g. Great Pacific garbage patch in the North Pacific Gyre came from land-based sources.)

1999 Basel protocol on liability (strict, but joint and several) is not yet in force. 2003 compliance procedure set up a committee. Cartagena COP 2011 adopted a Strategic Framework for the implementation of the Basel Convention for 2012–2021.

2006 Ivory Coast toxic waste dump (Trafigura Probo Koala, Abidjan) showed failure to regulate.

1991 Bamako Convention
Bamako Convention on the Ban on the Import into Africa and the Control of Transboundary Movement and Management of Hazardous Wastes within Africa (in force 1998) follows Basel Convention’s pattern, but:
 * It defines “hazardous waste” more widely
 * It bans and criminalizes import of hazardous waste into Africa: art. 4(1).
 * Hazardous wastes to be exported must be managed in an environmentally sound manner in the state of import and transit: art. 4(3)(k).
 * Only authorised persons may store such wastes: art. 4(3)(m)(i).
 * Prior informed consent: art. 6.
 * Failed import and illegal traffic may be returned only to the exporter: art. 8, 9.
 * Appointment of national “Dumpwatch”: art. 5(4).