Research On The Legal Issues In The Global Trade Of Electronic Waste In The Framework Of International Law

With the development of the times, more and more electronic products are being produced and sold, and electronic waste (e-waste) is growing. What to do with all of the e-waste is a serious problem. Much of the toxic e-waste is moved from developed countries and dumped into developing countries. This paper examines the flow of trade of e-waste, the international laws governing the international trade of e-waste, and effect of those laws.Part Ⅰ looks at the definition of e-waste under international law through the European Union’s Waste Electrical and Electronic Equipment Directive (WEEE Directive). It also examines the categories of e-waste, as well as the makeup of e-waste and the toxins and harms in it.Part Ⅱ studies the cause and scope of global e-waste trade. Between 2001 and 2006, the amount of e-waste generated and traded increased dramatically. Patterns show that the majority of e-waste trade moved from developed countries to developing countries and that there was a shifted focus towards Asia as an e-waste importer.Part Ⅲ discusses the international laws governing the international trade of e-waste. The Basel Convention was a treaty created to reduce the movement of hazardous waste (including e-waste) between nations, particularly developed to developing countries. Although the Convention stated that illegal hazardous waste traffic is criminal, it contained no provisions of enforcement. The Basel Ban Amendment went further in its efforts to reduce the shipment of hazardous waste to developing countries, however it has not been ratified by many countries and it’s enforcement is limited. The European Union’s WEEE Directive and Restriction of Hazardous Substances Directive (RoHs Directive) provides a much more comprehensive law and restrictions on who pays for the transportation of e-waste, e-waste classification, etc.Part IV mainly discusses that challenges with enforcement of the Basel Ban and Basel Convention, and the implications of non-ratification.Part V analyzes the correlation between policy efforts and the development of exports and imports of e-waste between 2001 and 2011 in the European Union, the United States, and China.