Book contents
- Frontmatter
- Contents
- Foreword
- Preface and acknowledgments to the first edition
- Preface and acknowledgments to the second edition
- Table of cases
- Table of treaties and other international instruments
- List of abbreviations
- PART I The legal and institutional framework
- PART II Principles and rules establishing standards
- 6 General principles and rules
- 7 Human rights and armed conflict
- 8 Atmosphere
- 9 Oceans and seas
- 10 Freshwater resources
- 11 Biological diversity
- 12 Hazardous substances and activities
- 13 Waste
- 14 The polar regions: Antarctica and the Arctic
- 15 European Community environmental law
- PART III Techniques for implementing international principles and rules
- Index
13 - Waste
- Frontmatter
- Contents
- Foreword
- Preface and acknowledgments to the first edition
- Preface and acknowledgments to the second edition
- Table of cases
- Table of treaties and other international instruments
- List of abbreviations
- PART I The legal and institutional framework
- PART II Principles and rules establishing standards
- 6 General principles and rules
- 7 Human rights and armed conflict
- 8 Atmosphere
- 9 Oceans and seas
- 10 Freshwater resources
- 11 Biological diversity
- 12 Hazardous substances and activities
- 13 Waste
- 14 The polar regions: Antarctica and the Arctic
- 15 European Community environmental law
- PART III Techniques for implementing international principles and rules
- Index
Summary
Introduction
This chapter describes the rules of international law relating to the management of waste, including: prevention and treatment; disposal; recycling and re-use; and international movement (including trade). Liability for environmental damage caused by wastes is addressed in chapter 18, and there is an emerging case law at the European Court of Human Rights linking waste with the protection of fundamental human rights. Except for rules on international trade in wastes, this is not a well-developed area of international law, which law has to date played a limited role in preventing the generation of waste. Other than the special rules which are applicable in the Antarctic and the EC, there is no regional or global legal framework for waste management strategy. Rather, waste has traditionally been regulated incidentally to the attainment of other objectives. Among the relevant international legal measures are those regulating the disposal of wastes at sea; limiting atmospheric emissions of gaseous wastes; and preventing the disposal of wastes in rivers and other freshwaters. This approach does not address the source of the problem by preventing waste generation; it merely shifts the disposal problem to another environmental medium.
In the context of the massive increase in the generation of all types of waste resulting from industrialisation, this is a major shortcoming in the rules of international environmental law. Part of the problem is institutional: at the global level, no UN or other body has overall responsibility for waste, which has led to a fragmented, ad hoc and piecemeal international response.
- Type
- Chapter
- Information
- Principles of International Environmental Law , pp. 675 - 709Publisher: Cambridge University PressPrint publication year: 2003