On Legal Research Oftransboundary Movements Of Hazardous Wastesunder The Basel Convention And Its Framework

With the continuous development of science and technology, people’s standard of living has been improved in a great way particularly in material life. Meanwhile, a vast of hazardous wastes have been produced. The hazardous wastes will be great threats to human health and the environment in case of improper management because of their harmful characteristics. In order to avoid the harm of hazardous wastes, the developed countries tends to transfer them to the developing countries by all kinds of means, which has brought great threat to their people’s health and ecology safe in the developing countries. To avoid becoming a distribution center of hazard wastes for the developing countries, it is urgent to impose effective control on such a behavior.By far,"the Basel convention" is the global convention of the transfer control of hazardous waste across borders. As the first global convention which controls the transfer of hazardous waste across borders, it plays a really important role. The convention had been innovated on many provisions of the transfer control of hazardous waste across borders, and provides powerful reference for other regional conventions of transfer control of hazardous waste across borders. But as a product of compromise by developed countries and the developing countries "the Basel convention" is not perfect, it can be improved in many ways. At the same time, as one of the contracting countries of the convention, china is suffering baptism in the issue of the hazardous waste transfer across the border, we need to improve legal system of hazardous waste transfer across the border under the framework of "the Basel convention", to make it suits the new situation better.This paper is a study on the legal system of transfer control of hazardous waste across borders under the framework of "the Basel convention" which is divided into four parts. The first part defines the concept of transfer dangerous wastes and hazardous waste across the border, then analysis the reasons of the transfer of the hazardous waste across the border, and points out the harms that the hazardous waste transfer across the border cause. The second part gives introduction about formation and development of "the Basel convention", leads out the main content of the convention, and sums up significance of the convention’s formulation and implementation. The third part points out the shortcomings of the convention, and puts forward the improving suggestions in the light of the existing shortcomings of convention. The fourth part introduces efforts China is under going as one of the contracting countries of convention in the performance, and at the same time, it points out that China has many aspects need to be completed on control of hazardous waste transfer across the border in the legal system, and puts forward the ideas to perfect it combined with these drawbacks. Hopefully control effectively of hazardous waste transfer across the border with the perfection of legal system under framework of "the Basel convention".