The Legal Responsibility For Transboundary Illegal Traffic Of Hazardous Wastes

The legal responsibility for transboundary illegal traffic of hazardous wastes isthe focus of international society for a long time. The aforesaid responsibility hasbeen the stipulated in a binding international convention from a non-binding theory,and the effectiveness of the Basel Convention on the Control of TransboundaryMovements of Hazardous Wastes and Their Disposal ("Basel Convention")for its sign.We think that an initial legal system on the control of transboundary movements ofhazardous wastes and their disposal has been formulated.From the experience of practice of many countries in the world, as the sign ofdifferent kinds of international conventions, regional conventions and bilateralagreements, the obvious illegal traffic of hazardous wastes from a state to anotherstate is reducing, but not eradicated. The Basel Protocol on responsibility andCompensation (Basel Protocol)which is about the civil responsibility in this systemhas not come into effect, so in most circumstances, the state will be responsible forsuch illegal traffic at last.In this article, I will explain the state responsibility of members under BaselConvention from its historical development and its content; moreover, I will alsoanalyze the civil responsibility which is stipulated in Basel Protocol, although theprotocol has not been effective; finally, I will use some paragraphs to explain theperformance of Basel Convention by China and the relevant laws to hazardous wastes of China.The purpose of this article is as follows: Firstly, for the full understanding of theconcept of hazardous wastes, the relevant conventions, and the establishment of BaselSystem; Secondly, for deeply studying of composition and rules of the stateresponsibility and the civil responsibility, this is one of methods for us to participate inthe rule-making on this field; thirdly, for promoting the development of system andlaw on hazardous wastes in China by using the analysis of legislation and practice inChina.