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

With the development of social industrialization and urbanization,the volume of wastes produced in developed countries is increasing, especially the hazardous wastes which seriously does harm to human health and the ecological environment. With the developed countries being increasingly strict to the environmental legislation and enhancing public environmental awareness, seeking a way to shift domestic environmental crisis through trans boundary movement brings heavy disaster to the developing countries.It poses a threat to human survival, development,progress and prosperity of the entire society. In order to effectively deal with the harm of hazardous wastes to the human society, the international community signed a series of conventions and protocols to regulate the hazardous waste transfer from the 1970 s.As the first global Convention which controls the transfer of hazardous wastes across borders,the Basel Convention plays an important role.The conference of the parties was held 11 times in the past 20 years to improve and update the principle of the main system and rules, especially provides effective reference for other regional treaties and national legislation.It is an important milestone of the human society controlling of hazardous waste transfer. But on the other hand, as a product of compromise between the developed countries and developing countries, the Basel convention is not perfect, which can be improved in many ways.As the biggest developing country in the world, China has made remarkable achievements in the world during the 30 years of Reform and Opening.We have made great achievement of the social economy.However, at the same time,one problem we can not ignore is that China is becoming a distribution center of hazardous wastes for the developed countries.The public health and the environment are being hurt by the hazardous wastes. As a party of the Basel Convention, China fulfills its due obligations, at the same time, continuously strengthen cooperation with the convention secretariat, and improve the relevant environmental legislation. But there are still some problems in the implementation process,which need to be solved.This paper is a study on the transfer control of hazard wastes across borders under the framework of “the Basel Convention”which is divided into five parts. The first part defines the concept of transfer dangerous wastes and hazardous wastes across the border,then analysis the reasons of the transfer of hazardous waste across the border and points out the the harms that the hazardous waste transfer across the border cause,at the same time, introduces the formation and development of the convention.The second part summarizes several important issues in the development process of the Basel convention, constituting the backbone for the control of hazardous waste transfer of it. The third part expatiates on the content of the framework of the convention, including the main principles, legal system and the International Compensation System. The fourth part analyzes the shortcomings existing in the convention, and gives some advice.The fifth part introduces what China do to fulfill its obligations and what efforts and results have been made, then points out the problems existing in the process, combined with the solution to provide the suggestion.