Book contents
- Frontmatter
- Contents
- Preface
- PART I General instruments
- PART II Atmosphere
- PART III Oceans: global
- PART IIIB Oceans: regional
- PART IV Freshwater resources
- PART V Biodiversity
- PART VIA Hazardous substances and activities: nuclear
- PART VIB Hazardous substances and activities: pesticides
- PART VIC Hazardous substances and activities: waste
- PART VII Human rights and the environment
- PART VIII War and the environment
- PART IX Trade and the environment
- PART X Environmental impact assessment and access to information
- 38 Convention on Environmental Impact Assessment in a Transboundary Context, 25 February 1991
- 38A Protocol on Strategic Environmental Assessment, 21 May 2003
- 39 Convention on the Transboundary Effects of Industrial Accidents, 17 March 1992
- 40 World Bank Operational Policy 4.01 on Environmental Assessment, January 1999
- 41 Convention on Access to Information, Public Participation in Decision-Making and Access to Justice in Environmental Matters, 25 June 1998
- 41A Compliance Committee and Procedures for the Review of Compliance
- 41B Protocol on Pollutant Release and Transfer Registers, 21 May 2003
- PART XI Liability for environmental damage and breaches of environmental obligations
- PART XII The Antarctic
39 - Convention on the Transboundary Effects of Industrial Accidents, 17 March 1992
Published online by Cambridge University Press: 05 June 2012
- Frontmatter
- Contents
- Preface
- PART I General instruments
- PART II Atmosphere
- PART III Oceans: global
- PART IIIB Oceans: regional
- PART IV Freshwater resources
- PART V Biodiversity
- PART VIA Hazardous substances and activities: nuclear
- PART VIB Hazardous substances and activities: pesticides
- PART VIC Hazardous substances and activities: waste
- PART VII Human rights and the environment
- PART VIII War and the environment
- PART IX Trade and the environment
- PART X Environmental impact assessment and access to information
- 38 Convention on Environmental Impact Assessment in a Transboundary Context, 25 February 1991
- 38A Protocol on Strategic Environmental Assessment, 21 May 2003
- 39 Convention on the Transboundary Effects of Industrial Accidents, 17 March 1992
- 40 World Bank Operational Policy 4.01 on Environmental Assessment, January 1999
- 41 Convention on Access to Information, Public Participation in Decision-Making and Access to Justice in Environmental Matters, 25 June 1998
- 41A Compliance Committee and Procedures for the Review of Compliance
- 41B Protocol on Pollutant Release and Transfer Registers, 21 May 2003
- PART XI Liability for environmental damage and breaches of environmental obligations
- PART XII The Antarctic
Summary
Editorial note
The Convention on the Transboundary Effects of Industrial Accidents, adopted under the auspices of the UNECE, is intended to regulate State and other actions relating to ‘industrial accidents’ capable of causing transboundary harm (Article 1). Not all ‘industrial accidents’ are covered by the Convention: nuclear accidents, accidents at military installations, dam failures and others are excluded (Article 2(2)).
The Convention requires each Party to identify all ‘hazardous activities’ (defined in Article 1(b) as activities where a hazardous substance in quantities equal or greater to that specified in Annex I is present and capable of causing transboundary effects) within its jurisdiction and to notify other Parties which may be affected by it (Article 4(1)). Compulsory consultation between concerned Parties is provided for at the request of any such Party to determine whether an activity is hazardous and capable of causing transboundary effects (Article 4(2)). In the event of disagreement on this issue, Parties may resort to the inquiry procedure set out in Annex II (Article 4(2)). Similarly, Parties can agree to treat any other activity not covered by Annex I as a ‘hazardous activity’, whereupon the relevant obligations of the Convention apply (Article 4(5)). Parties are further required to take ‘appropriate measures’ to prevent industrial accidents and Annex IV provides guidance for such measures (Article 6(1)). Siting decisions for hazardous activities must be taken with a view towards minimising transboundary adverse effects (Article 7).
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- Information
- Documents in International Environmental Law , pp. 1063 - 1096Publisher: Cambridge University PressPrint publication year: 2004