Editorial note

The Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal regulates the transport and disposal of hazardous and other wastes and seeks to make such transport a matter of public record. The ultimate goal of the Convention is to protect human health and the environment from the dangers of such wastes, in application of the principle that wastes should be disposed of in the State where they were generated. The Convention is premised upon the belief that by requiring the generator to carry out duties regarding transport and disposal of the wastes, the amount of waste generated will be reduced.

The Convention restates the right of every State to ban the entry or disposal of foreign hazardous wastes in its territory (Article 4(1)). For purposes of the Convention wastes are defined as hazardous either by reference to categories set out in Annex I, unless they do not possess the characteristics listed in Annex III, or if so classified by national legislation (Article 1). Many of the Convention's obligations also apply to ‘other wastes’ listed in Annex II, which encompasses household wastes or residue from incineration from household wastes (Article 1). Excluded from the Convention's ambit are radioactive wastes and wastes discharged from the normal operation of ships so long as they are regulated by other international instruments (Article 1).