Waste International Trade Environment Damage National Responsibility System Perfection

At present, domestic and foreign scholars study more on issues of environmental protection and international trade, discuss the question of liability for transboundary environmental damage frequently, but specific studies on liability for environmental damage of international trade of waste are rare.The Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal,and the Basel Protocol on Liability and Compensation for Damage Resulting from Transboundary Movements of Hazardous Wastes and their Disposal were passed during the 1980s to the 1990s. However, the effect of waste cross-border transfer regulation is not ideal. The single-way flow of waste from developed countries to the developing countries in international trade is not only detrimental to developing countries’trade structure and industrial structure adjustment, but also would cause irreparable damages to the environment in less developed countries, which will further deteriorate the global environment. How to solve the problem of environmental damage caused by international trade of waste has become the difficult problem in the process of national industrialization. Existing sole compensation system for civil liability of the environmental damage caused by international trade of waste is not complete and cannot fundamentally solve the problem. For this reason, the author puts forward the suggestion of perfecting the state liability system for environmental damage caused by international trade of waste, particularly perfecting the state liability system for transboundary environmental damage caused by international waste trade activities which are not prohibited by international law.Apart from the introduction and conclusion paragraphs, this article is divided into four chapters.Chapter 1 is the overview of state liability system for the environmental damage caused by international trade of waste. Firstly, it defines the "wastes" in the international trade of waste, clears the concept for international trade of waste, and introduces the current situation and development trend of international waste trade by the method of empirical analysis. Secondly, it interprets the connotation of state liability system for the environmental damage caused by international trade of waste, compares its differences with the traditional state liability. Thirdly, it defines the property of state liability for the environmental damage caused by international trade of waste.Chapter 2 analyzes the necessity of perfecting the state liability system for the environmental damage caused by international trade of waste. Considering that environmental damages arising out of the international trade of waste have become a global problem, it points out that the existing global convention is defective on the provisions of the waste and the state liability, that the regional conventions only emphasize the unilateral domestic legislation and law enforcement, and that the sole compensation for civil liability is not complete, thus suggesting that perfecting the state liability system for the environmental damage caused by international trade of waste has the priority and necessity.Chapter 3 puts forward some suggestions to perfect the state liability system for the environmental damage caused by international trade of waste, including strengthening the international legislation of the system of related state liability, international cooperation in the specific regulation activities, strengthening the national legislation and law enforcement so as to prevent the environmental damage caused by international trade of waste, and ensure prompt and adequate compensation to victims of environmental damage.Chapter 4 puts forward some strategies to deal with environment damages caused by the international trade of waste in our country, including strengthening the international cooperation in regulating international trade of waste, perfecting the legal system of our country to prevent and control the environment damage caused by international trade of waste, strengthening the supervision of international waste trade activities, perfecting the liability system for the environmental damage caused by international trade of waste in our country, with a view to solving the problem of environmental damage caused by the international trade of waste in our country.