This article considers the problems associated with the international regime addressing the transfrontier movement of hazardous waste. Significant gaps exist within the current regime, it is argued, because historically, policy-making has been predominated by the concerns of developed nations, to the detriment of the developing countries most likely to be the recipients of the waste. To better understand why and how this is the case, the regime is examined through the lens of Critical Race Theory (CRT), a theory advocating, among other things, the need to recognize the context in which the problem is set, outside of the confines of a legal structure defined and changed only incrementally by the enfranchised. The paper begins with an overview of why the problem is of concern, as well as sets out the tenets of CRT to be used as tools of analysis throughout the paper. The paper then highlights the international, regional and bilateral measures that exist, attempting to identify some of the gaps in the regime via application of the tenets of CRT. The final section of the paper offers three suggestions as topics to consider in future negotiations: a call for an ameliorated Prior Informed Consent regime, the establishment of an international fund mechanism and potential options for remedial tribunals.