LGST 219 - Class 19 Notes

LGST 219 - Class 19 Notes - CLASS 19 (Nov. 16): Basel...

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CLASS 19 (Nov. 16): Basel Convention and Legal Diversity 1] Basel convention a. Paper trail, document everything and make sure you have Prior Informed Consent. b. Weakness is that U.S. does not support it. You should let the free market take root, they say. c. We have a disposing party and an exporting party. We have an importing state and an exporting state. d. We are expecting that the importing party is going to make a contract with the disposing party of the exporting state. (d.i) Importing party must check that this hazardous waste does not go outside its borders. (d.ii) Exporting country must reimport all illegal exports of this waste. e. There has to be a written agreement that shows that the importing party is aware that this waste is being imported. The disposing party then has to notify the exporting party and the exporting state that the waste has been disposed of. f. However, there is no monitoring or enforcement mechanism. We have been depending on environmentalist activists and the threat that they will defame parties through publications. (f.i) In time, we may have a tribunal, but as of today, the paper trail is the most effective way we can use in the absence of funding for these enforcement mechanisms. g. The U.S. requires that when you export, you notify the EPA. But the U.S. scheme doesn't require prior notice or this elaborate paper trail. So you have a pretty wide range of options if you're a producer of hazardous waste in the U.S. to export as you choose.
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LGST 219 - Class 19 Notes - CLASS 19 (Nov. 16): Basel...

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