INTERNATIONAL LAWS ON EL

INTERNATIONAL LAWS ON EL - INTERNATIONAL LAWS As earlier...

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INTERNATIONAL LAWS As earlier stated any treaty or convention ratified by Kenya forms part of the Law of Kenya. Also general rules of International Law forms part of the law of Kenya. This is pursuant to provisions of Article 2(5) and (6) of the Constitution of Kenya 2010. Also Kenya is considered a monist state and once we ratify conventions in regard to Environment they automatically become part of the laws of Kenya. Soft laws such as declarations which are not binding but which establish principles for behavior and norms.The concept of soft law permits an agreement to be reached which recommends a certain course of action and which permits some flexibility for individual nations to incorporate it into their systems. Examples of soft law can be found in the UNEP Hard law such as the provisions of treaties, conventions ,protocols, amendments e.t.c which are binding and states should not derogate from. 1992 Rio Summit was to highlight and focus attention on the environment. The result was a host of conventions, conferences and other activities related to different environmental issues. The Rio Declaration on Environment and Development describes states’ obligations for promoting the principle of sustainable development. This principle involves managing resources in a way that provides for our needs in using those resources, as well as providing for their protection – both for their inherent value, and to preserve mankind’s future interests in them. BASEL CONVENTION With the tightening of environmental laws (for example, RCRA ) in developed nations in the 1970s, disposal costs for hazardous waste rose dramatically. At the same time, globalization of shipping made transboundary movement of waste more accessible, and many LDCs were desperate for foreign currency. Consequently, the trade in hazardous waste, particularly to LDCs, grew rapidly. One of the incidents which led to the creation of the Basel Convention was the Khian Sea waste disposal incident , in which a ship carrying incinerator ash from the city of Philadelphia in the United States dumped half of its load on a beach in Haiti before being forced away. It sailed for many months, changing its name several times. Unable to unload the cargo in any port, the crew was believed to have dumped much of it at sea. A waste falls under the scope of the Convention if it is within the category of wastes listed in Annex I of the Convention and it exhibits one of the hazardous characteristics contained in Annex III. In other words, it must both be listed and possess a characteristic such as being explosive, flammable, toxic, or corrosive.
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