- Research/Scholar Paper name – “Understanding Transboundary Movement of Hazardous Wastes: An International Legal Perspective”
- Author: Anchita Saxena
- Institution: Amity Law School, Noida
- Affiliation: Centre for Study of Contemporary Legal Issues
- Date of Publication: 09/02/2021
In the milieu of great scientific innovations and rampant industrialization, the society though has progressed remarkably, but on account of searing environmental degradation. Environmental regression is not an unfamiliar term, but by virtue of sheer ignorance and wanton disregard of its existence, is now being explicitly exploited and has been severely vitiated by the untrammeled requirements of humans. Transboundary movement of hazardous wastes is a concerning issue, that does not only imperil the environment but also jeopardizes the health of individuals. Since the 1970’s there have been innumerable incidences where international environmental norms have been flouted by countries by shipping hazardous wastes illegally. This has sprouted a serious social and health menace in the societies, causing great destruction and health morbidities. Over the years, international communities have endeavored to establish a suitable legal framework, however, a legal framework is effective only when it is properly enforced. With time, incidences pertaining to illegal and illicit transportation of hazardous wastes across nations marked an unprecedented increase, demystifying the need for immediate legal and administrative action.
Though an international instrument was introduced in the 1980s, it was imbued with certain lacunae that made its enforcement elusive thereby abridging its purposes. Thus, the research paper in its study aims to understand the meaning of waste in its wider sense and critically examines its transboundary movements across nations. The study also analyses the current legal framework to regulate the transboundary movement of hazardous wastes. Furthermore, the study discusses various landmark cases and incidences that debunks the hazardous waste conundrum across nations. Towards the conclusions, the research study suggests various recommendations to ameliorate and reinforce the legal frameworks for dealing with the issue in a more effective manner.