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15 Cards in this Set
- Front
- Back
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What Is Waste? |
- notdefined using natural scientific criteria alone, but also social criteria. - Ininternational law, like domestic law, waste is not defined by chemical orphysical properties of materials alone, but also through their usage. Thus,what is waste in one use may not be waste in another use. |
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Problems ofland-based pollution |
1. Thegreatest international law problem for land-based pollution is state refusal tosurrender sovereignty 2. Scientificcausality in pathways of multiple point source or non-point sources. 3. Controlof multiple or non-point source pollutants is expensive. |
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Why is theshipping of waste across international borders simply not characterized aspollution, making it subject to all the same treaties, customs and principlesas other forms of point source pollution? |
- wasteis defined by it's use: If you ship waste across the sea to another country. - therecipient country can use it for energy production and therefore defines it asa resource. Shipping of a waste is therefore not pollution. - Ifthe recipient country doesn't accept the waste (prior informed consent) it isillegal |
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Legal Tools and Responses |
- General - Prior Informed Consent - Elimination and Reductions at Source - Prohibition on import or export? ---> Basel:no ---> Bamako:yes - Regionaltreaties use ---> precautionary principle ando polluter pays principle |
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Important conventions on waste |
Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and Their Disposal (1989) ---> The evidence supports the inference that the Basel Convention’s Ban Amendment has resulted in statistically and economically significant reductions of prohibited waste exports, while the Basel Convention alone has not. Bamako Convention on the Ban of Import into Africa and the Control of Trans-boundary Movement and Management of Hazardous Wastes Within Africa (1991) ---> Bamako Convention arose from the failure of the Basel Convention to prohibit trade ofhazardous waste to less developed countries (LDCs), and from the realizationthat many developed nations were exporting toxic wastes to Africa. |
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Remedial Objectives for Hazardous andToxic Wastes |
- Reduce demand - Regulate industrial processes and flow - Integrate rather than fragment pollution control (Guruswamy finds this to be most practicable.) |
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Is‘‘Hazardous‘‘ or ‘‘Toxic‘‘ Any Simpler than ‘‘Waste“? |
Yes because it can be more easily‘ to define. ‘Hazardous“ includes - risk of explosion, corrosion, or poisoning of plants or animals. - If a material is regulated because it is characterized as“hazardous“ by anyone domestically, it is then maintains the characterization of “hazardous“ according to both Basel and Bamako ‘‘Toxic“ can be defined by the concentration, volume, exposure,accumulation method, place of accumulation in a body, reactivity, carcinogeneity, mutageneity, and tetrageneity. |
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Four Activities Internationally Are 95% of the Problems |
· Toxicmetals · Petrochemicals · Pesiticides · Radioactive Materials |
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Problems IECL: |
· Statesas Actors · Corporationsas Actors · Jurisdiction · Extradition |
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Advantages IECL |
· Establishes Ethical and Legal Norms ---> Pollution is an act against society, not just against the individual ---> Environmental norms are not arbitrary (speed limit, taxes) · Addresses crimes against which individual states cannot enforce |
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Two Methods for Including Criminal Sanctions in Any Law |
Method I: - Organize a separate crimes code of all crimes - youcan come up with a completely new criminal code consisting out of all the intcriminal laws or Method II - Include criminal sanctions in statutory or (for common law countries) caselaw, organized by the area of concern, such as taxation or the environment - youcan just add on to existing treaties. This means you use already existingtreaties such as the MARPOL and add articles on the criminalization of whateveryou want to criminalize (eg on MARPOL you add that intentionally dumping toxicwaste in the high seas is criminal -> an example i made this up(!) dontthink this exists but MARPOL has some criminal part to it) |
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Role of Interpol |
· Aid · Don’t prosecute · Assist member countries in the effective enforcement of national and international environmental laws & treaties |
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Environmental crime includes: |
· Illegal trade in endangered species · Over exploitation of fishing grounds · Illegal Logging · Misuse of Protected areas · Pollution of air, water and soil · Illegal trade in ozone-depleting substances |
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Int. Crim. Env.Law: Test Cases |
1. Ozone Depleting Substances (ODS) 2. Traditional medicines 3. Smuggling endangered wildlife |
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Council of Europe |
· Convention on the Protection of the Environment Through Criminal Law (1998) · Requires: ---> Parties to criminalise under their domestic law intentional or ---> grossly negligent (Art. 3) acts falling within certain categories which cause substantial environmental damage |
