Within the past twenty-five years, numerous well-publicized cases have drawn one’s attention to the dangers of the growing hazardous waste trade, as well as the problem of controlling the illegal transboundary movements of such waste from the developed nations to the developing world. Thus, in order to decrease the movements of hazardous waste between countries and halt the hazardous waste flowing to the poor nations, a multilateral environmental convention, adopted in 1989, was established as "the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal". Despite the expectations of the developing world, the Basel Convention rather became a control mechanism of the transboundary movements of hazardous waste than a regime that would have prevented it. This inability was due in part to the fact that it didn’t include an outright ban on the hazardous waste trade amongst the wealthy and poor countries that was mainly the result of the political struggle between the countries. For this reason, this particular research will focus on the question of 'why has the Basel Convention not adequately addressed the transboundary movements of hazardous waste to the developing world’, as well as the regulatory violations and legal compliance that are an integral component of this important topic. The findings have been added to the existing literature by providing a quantitative and qualitative analysis to this very important question. One of the most important points of the Convention has been the definition of hazardous waste that continues to be widely discussed and criticized by scholars. As well, this controversial description has initiated the opinions of several Member States toward developing their own interpretations. Relative to the correlation of this matter, this research examines the relationship of the self-reporting data (export of hazardous waste) and the national definition of hazardous waste for the purpose of transboundary movements of waste. I have applied the Chi-square test and the results have shown that there is no relationship between the self-reporting data and the definition utilized by the Member States. Thus, the accuracy of the self-reporting data can be questioned. Additionally, a qualitative analysis was conducted which indicated that the provisions of the Convention, regarding the illegal traffic of hazardous waste, were not adequately implemented into the national legislation. Furthermore, the research also indicated that in some cases the provisions have not been applied at all and as a result the enforcement of these requirements seriously suffer from those shortcomings and the lack of compliance.
Subject (authority = RUETD)
Topic
Global Affairs
Subject (authority = ETD-LCSH)
Topic
Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and Their Disposal (1989 March 22)
Subject (authority = ETD-LCSH)
Topic
Hazardous wastes
RelatedItem (type = host)
TitleInfo
Title
Rutgers University Electronic Theses and Dissertations
Identifier (type = RULIB)
ETD
Identifier
ETD_6281
PhysicalDescription
Form (authority = gmd)
electronic resource
InternetMediaType
application/pdf
InternetMediaType
text/xml
Extent
1 online resource (x, 279 p. : ill.)
Note (type = degree)
Ph.D.
Note (type = bibliography)
Includes bibliographical references
Note (type = vita)
Includes vita
Note (type = statement of responsibility)
by Patricia K. Nemeth
RelatedItem (type = host)
TitleInfo
Title
Graduate School - Newark Electronic Theses and Dissertations
Identifier (type = local)
rucore10002600001
Location
PhysicalLocation (authority = marcorg); (displayLabel = Rutgers, The State University of New Jersey)
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