Charter of the United Nations
With a view to the creation of conditions of stability and well-being which are necessary for peaceful and friendly relations among nations based on respect for the principle of equal rights and self-determination of peoples, the United Nations shall promote:
a. higher standards of living, full employment, and conditions of economic and social progress and development;
b. solutions of international economic, social, health, and related problems; and international cultural and educational cooperation; and
c. universal respect for, and observance of, human rights and fundamental freedoms for all without distinction as to race, sex, language, or religion.
Universal Declaration of Human Rights
Everyone has the right to life, liberty and security of person.
1. Everyone has the right to a standard of living adequate for the health and well-being of himself and of his family, …
International Covenant on Civil and Political Human Rights
1. Every human being has the inherent right to life. This right shall be protected by law. No one shall be arbitrarily deprived of his life.
2. Everyone shall have the right to freedom of expression; this right shall include freedom to seek, receive and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing or in print, in the form of art, or through any other media of his choice.
International Covenant on Economic, Social and Cultural Rights
The States Parties to the present Covenant recognize the right of everyone to the enjoyment of just and favourable conditions of work which ensure, in particular:
[…] (ii) A decent living for themselves and their families in accordance with the provisions of the present Covenant;
(b) Safe and healthy working conditions; […]
The States Parties to the present Covenant recognize the right of everyone to an adequate standard of living for himself and his family, including adequate food, clothing and housing, and to the continuous improvement of living conditions. The States Parties will take appropriate steps to ensure the realization of this right, recognizing to this effect the essential importance of international co-operation based on free consent.
1. The States Parties to the present Covenant recognize the right of everyone to the enjoyment of the highest attainable standard of physical and mental health.
2. The steps to be taken by the States Parties to the present Covenant to achieve the full realization of this right shall include those necessary for:
[…] (b) The improvement of all aspects of environmental and industrial hygiene;
(c) The prevention, treatment and control of epidemic, endemic, occupational and other diseases; […]
1. The States Parties to the present Covenant recognize the right of everyone:
(b) To enjoy the benefits of scientific progress and its applications; […]
Convention on the Elimination of All Forms of Discrimination against Women
1. States Parties shall take all appropriate measures to eliminate discrimination against women in the field of employment in order to ensure, on a basis of equality of men and women, the same rights, in particular:
(f) The right to protection of health and to safety in working conditions, including the safeguarding of the function of reproduction.
International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families
1. Migrant workers shall enjoy treatment not less favourable than that which applies to nationals of the State of employment in respect of remuneration and:
(a) Other conditions of work, that is to say, overtime, hours of work, weekly rest, holidays with pay, safety, health, termination of the employment relationship and any other conditions of work which, according to national law and practice, are covered by these terms;
Convention on the Rights of the Child
2. States Parties shall pursue full implementation of this right and, in particular, shall take appropriate measures:
(c) To combat disease and malnutrition, including within the framework of primary health care, through, inter alia, the application of readily available technology and through the provision of adequate nutritious foods and clean drinking-water, taking into consideration the dangers and risks of environmental pollution;
Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal
Article 4 - General Obligations
2. Each Party shall take the appropriate measures to:
(a) Ensure that the generation of hazardous wastes and other wastes within it is reduced to a minimum, taking into account social, technological and economic aspects;
(b) Ensure the availability of adequate disposal facilities, for the environmentally sound management of hazardous wastes and other wastes, that shall be located, to the extent possible, within it, whatever the place of their disposal;
(c) Ensure that persons involved in the management of hazardous wastes or other wastes within it take such steps as are necessary to prevent pollution due to hazardous wastes and other wastes arising from such management and, if such pollution occurs, to minimize the consequences thereof for human health and the environment;
(d) Ensure that the transboundary movement of hazardous wastes and other wastes is reduced to the minimum consistent with the environmentally sound and efficient management of such wastes, and is conducted in a manner which will protect human health and the environment against the adverse effects which may result from such movement;
(e) Not allow the export of hazardous wastes or other wastes to a State or group of States belonging to an economic and/or political integration organization that are Parties, particularly developing countries, which have prohibited by their legislation all imports, or if it has reason to believe that the wastes in question will not be managed in an environmentally sound manner, according to criteria to be decided on by the Parties at their first meeting;
(f) Require that information about a proposed transboundary movement of hazardous wastes and other wastes be provided to the States concerned, according to Annex V A, to state clearly the effects of the proposed movement on human health and the environment;
(g) Prevent the import of hazardous wastes and other wastes if it has reason to believe that the wastes in question will not be managed in an environmentally sound manner;
(h) Co-operate in activities with other Parties and interested organizations, directly and through the Secretariat, including the dissemination of information on the transboundary movement of hazardous wastes and other wastes, in order to improve the environmentally sound management of such wastes and to achieve the prevention of illegal traffic.
3. The Parties consider that illegal traffic in hazardous wastes or other wastes is criminal.
Ban Amendment to the Basel Convention
The Protocol on Liability and Compensation for Damage Resulting from Transboundary Movements of Hazardous Wastes and their Disposal
Stockholm Convention on Persistent Organic Pollutants (POPs)
Article 6 - Measures to reduce or eliminate releases from stockpiles and wastes
1. In order to ensure that stockpiles consisting of or containing chemicals listed either in Annex A or Annex B and wastes, including products and articles upon becoming wastes, consisting of, containing or contaminated with a chemical listed in Annex A, B or C, are managed in a manner protective of human health and the environment, each Party shall:
[…](d) Take appropriate measures so that such wastes, including products and articles upon becoming wastes, are:
(i) Handled, collected, transported and stored in an environmentally sound manner;
(ii) Disposed of in such a way that the persistent organic pollutant content is destroyed or irreversibly transformed so that they do not exhibit the characteristics of persistent organic pollutants or otherwise disposed of in an environmentally sound manner when destruction or irreversible transformation does not represent the environmentally preferable option or the persistent organic pollutant content is low, taking into account international rules, standards, and guidelines, including those that may be developed pursuant to paragraph 2, and relevant global and regional regimes governing the management of hazardous wastes;
(iii) Not permitted to be subjected to disposal operations that may lead to recovery, recycling, reclamation, direct reuse or alternative uses of persistent organic pollutants; and
(iv) Not transported across international boundaries without taking into account relevant international rules, standards and guidelines;
Article 9 - Information exchange
5. For the purposes of this Convention, information on health and safety of humans and the environment shall not be regarded as confidential. Parties that exchange other information pursuant to this Convention shall protect any confidential information as mutually agreed.
Article 10 - Public information, awareness and education
1. Each Party shall, within its capabilities, promote and facilitate:
(c) Development and implementation, especially for women, children and the least educated, of educational and public awareness programmes on persistent organic pollutants, as well as on their health and environmental effects and on their alternatives;
(d) Public participation in addressing persistent organic pollutants and their health and environmental effects and in developing adequate responses, including opportunities for providing input at the national level regarding implementation of this Convention; […]
Rotterdam Convention on the Prior Informed Consent (PIC) Procedure for Certain Hazardous Chemicals and Pesticides in International Trade
Article 1 - Objective
The objective of this Convention is to promote shared responsibility and cooperative efforts among Parties in the international trade of certain hazardous chemicals in order to protect human health and the environment from potential harm and to contribute to their environmentally sound use, by facilitating information exchange about their characteristics, by providing for a national decision-making process on their import and export and by disseminating these decisions to Parties.
Article 13 - Information to accompany exported chemicals
[…] 2. Without prejudice to any requirements of the importing Party, each Party shall require that both chemicals listed in Annex III and chemicals banned or severely restricted in its territory are, when exported, subject to labeling requirements that ensure adequate availability of information with regard to risks and/or hazards to human health or the environment, taking into account relevant international standards.
3. Without prejudice to any requirements of the importing Party, each Party may require that chemicals subject to environmental or health labeling requirements in its territory are, when exported, subject to labeling requirements that ensure adequate availability of information with regard to risks and/or hazards to human health or the environment, taking into account relevant international standards.
Article 15 - Implementation of the Convention
[…] 2. Each Party shall ensure, to the extent practicable, that the public has appropriate access to information on chemical handling and accident management and on alternatives that are safer for human health or the environment than the chemicals listed in Annex III.
International Code of Conduct on the Distribution and Use of Pesticides
Article 1 - Objectives of the Code
[…] 1.4 The Code addresses the need for a cooperative effort between governments of pesticide exporting and importing countries to promote practices that minimize potential health and environmental risks associated with pesticides, while ensuring their effective use. […]
Article 3. Pesticide management
3.3 Governments of pesticide exporting countries should, to the extent possible:
[…] 3.4.3 pay special attention to the choice of pesticide formulations and to presentation, packaging and labelling in order to reduce risks to users and minimize adverse effects on the environment;
3.4.4 provide, with each package of pesticide, information and instructions in a form and language adequate to ensure effective use and reduce risks during handling;
Article 5. Reducing health and environmental risks
5.1 Governments should:
[…] 5.1.3 carry out health surveillance programmes of those who are occupationally exposed to pesticides and investigate, as well as document, poisoning cases;
5.1.4 provide guidance and instructions to health workers, physicians and hospital staff on the treatment of suspected pesticide poisoning (25);
5.1.5 establish national or regional poisoning information and control centres at strategic locations to provide immediate guidance on first aid and medical treatment, accessible at all times (25); […] 5.1.10 implement a programme to monitor pesticide residues in food and the environment.
5.2 Even where a control scheme is in operation, pesticide industry should:
[…] 5.2.3 make every reasonable effort to reduce risks posed by pesticides by:
220.127.116.11 making less toxic formulations available; […]
18.104.22.168 developing application methods and equipment that minimize exposure to pesticides; […]
Article 8. Distribution and trade
8.2 Pesticide industry should:
8.2.2 endeavour to ensure that pesticides manufactured for export are subject to the same quality requirements and standards as those applied to comparable domestic products;
Article 9. Information exchange
9.1 Governments should: […]
9.1.2 facilitate the exchange of information between regulatory authorities to strengthen cooperative efforts. The information to be exchanged should include:
22.214.171.124 actions to ban or severely restrict a pesticide in order to protect human health or the environment, and additional information upon request;
126.96.36.199 scientific, technical, economic, regulatory and legal information concerning pesticides including toxicological, environmental and safety data;
Article 10. Labelling, packaging, storage and disposal
[…] 10.6 Pesticide industry should be encouraged, with multilateral cooperation, to assist in disposing of any banned or obsolete pesticides and of used containers, in an environmentally sound manner, including reuse with minimal risk where approved and appropriate. […]
Aarhus Convention on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters
Article 1 – Objective
In order to contribute to the protection of the right of every person of present and future generations to live in an environment adequate to his or her health and well-being, each Party shall guarantee the rights of access to information, public participation in decision-making, and access to justice in environmental matters in accordance with the provisions of this Convention.
Article 4 – Access to environmental information
1. Each Party shall ensure that, subject to the following paragraphs of this article, public authorities, in response to a request for environmental information, make such information available to the public, within the framework of national legislation, […]
Article 5 – Collection and dissemination of environmental information
1. Each Party shall ensure that:
[…] (c) In the event of any imminent threat to human health or the environment, whether caused by human activities or due to natural causes, all information which could enable the public to take measures to prevent or mitigate harm arising from the threat and is held by a public authority is disseminated immediately and without delay to members of the public who may be affected.
1996 Protocol to the Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter, 1972
Article 2 – Objectives
Contracting Parties shall individually and collectively protect and preserve the marine environment from all sources of pollution and take effective measures, according to their scientific, technical and economic capabilities, to prevent, reduce and where practicable eliminate pollution caused by dumping or incineration at sea of wastes or other matter. Where appropriate, they shall harmonize their policies in this regard.
Article 3 – General obligations
1. In implementing this Protocol, Contracting Parties shall apply a precautionary approach to environmental protection from dumping of wastes or other matter whereby appropriate preventative measures are taken when there is reason to believe that wastes or other matter introduced into the marine environment are likely to cause harm even when there is no conclusive evidence to prove a causal relation between inputs and their effects.
2. Taking into account the approach that the polluter should, in principle, bear the cost of pollution, each Contracting Party shall endeavour to promote practices whereby those it has authorized to engage in dumping or incineration at sea bear the cost of meeting the pollution prevention and control requirements for the authorized activities, having due regard to the public interest.
Article 6 – Export of wastes or other matter
Contracting Parties shall not allow the export of wastes or other matter to other countries for dumping or incineration at sea.
International Convention for the Prevention of Pollution from Ships, 1973, as modified by the Protocol of 1978 relating thereto (MARPOL 73/78) Note: There is no electronic version available. However, the document can be purchased at www.imo.org.
Joint Convention on the Safety of Spent Fuel Management and on the Safety of Radioactive Waste Management
Article 11 – General safety requirements
Each Contracting Party shall take the appropriate steps to ensure that at all stages of radioactive waste management individuals, society and the environment are adequately protected against radiological and other hazards.
Article 13 – Siting of proposed facilities
1. Each Contracting Party shall take the appropriate steps to ensure that procedures are established and implemented for a proposed radioactive waste management facility:
[…] (ii) to evaluate the likely safety impact of such a facility on individuals, society and the environment, taking into account possible evolution of the site conditions of disposal facilities after closure;
(iii) to make information on the safety of such a facility available to members of the public;
Article 14 – Design and construction of facilities
Each Contracting Party shall take the appropriate steps to ensure that:
(i) the design and construction of a radioactive waste management facility provide for suitable measures to limit possible radiological impacts on individuals, society and the environment, including those from discharges or uncontrolled releases; […]
Article 15 – Assessment of safety facilities
Each Contracting Party shall take the appropriate steps to ensure that:
(i) before construction of a radioactive waste management facility, a systematic safety assessment and an environmental assessment appropriate to the hazard presented by the facility and covering its operating lifetime shall be carried out;
United Nations Convention on the Law of the Sea
3. The measures taken pursuant to this Part shall deal with all sources of pollution of the marine environment. These measures shall include, inter alia, those designed to minimize to the fullest possible extent:
(a) the release of toxic, harmful or noxious substances, especially those which are persistent, from land-based sources, from or through the atmosphere or by dumping;
(b) pollution from vessels, in particular measures for preventing accidents and dealing with emergencies, ensuring the safety of operations at sea, preventing intentional and unintentional discharges, and regulating the design, construction, equipment, operation and manning of vessels;
Vienna Declaration and Programme of Action
11. The right to development should be fulfilled so as to meet equitably the developmental and environmental needs of present and future generations. The World Conference on Human Rights recognizes that illicit dumping of toxic and dangerous substances and waste potentially constitutes a serious threat to the human rights to life and health of everyone.
Consequently, the World Conference on Human Rights calls on all States to adopt and vigorously implement existing conventions relating to the dumping of toxic and dangerous products and waste and to cooperate in the prevention of illicit dumping.
Declaration on the Right to Development
1. States should undertake, at the national level, all necessary measures for the realization of the right to development and shall ensure, inter alia, equality of opportunity for all in their access to basic resources, education, health services, food, housing, employment and the fair distribution of income. [...]
Resolution GC(XXXIV)/RES/530, Code of Practice on the Transboundary Movement of Radioactive Waste, General Conference of the International Atomic Energy Agency
1. BASIC PRINCIPLES
1. Every State should take the appropriate steps necessary to ensure that radioactive waste within its territory, or under its jurisdiction or control is safely managed and disposed of, to ensure the protection of human health and the environment. […]
INTERNATIONAL TRANSBOUNDARY MOVEMENT
1. It is the sovereign right of every State to prohibit the movement of radioactive waste into from or through its territory. 2. Every State involved in the international transboundary movement of radioactive waste should take the appropriate steps necessary to ensure that such movement is undertaken in a manner consistent with international safety standards.
3. Every State should take the appropriate steps necessary to ensure that, subject to the relevant norms of international law, the international transboundary movement of radioactive waste takes place only with the prior notification and consent of the sending, receiving and transit States in accordance with their respective laws and regulations.
5. No receiving State should permit the receipt of radioactive waste for management or disposal unless it has the administrative and technical capacity and regulatory structure to manage and dispose of such waste in a manner consistent with international safety standards. The sending State should satisfy itself in accordance with the receiving State's consent that the above requirement is met prior to the international transboundary movement […]
United Nations Conference on the Human Environment (Stockholm Declaration), 1972
Man has the fundamental right to freedom, equality and adequate conditions of life, in an environment of a quality that permits a life of dignity and well-being, and he bears a solemn responsibility to protect and improve the environment for present and future generations. In this respect, policies promoting or perpetuating apartheid, racial segregation, discrimination, colonial and other forms of oppression and foreign domination stand condemned and must be eliminated.
The discharge of toxic substances or of other substances and the release of heat, in such quantities or concentrations as to exceed the capacity of the environment to render them harmless, must be halted in order to ensure that serious or irreversible damage is not inflicted upon ecosystems. The just struggle of the peoples of ill countries against pollution should be supported.
States shall take all possible steps to prevent pollution of the seas by substances that are liable to create hazards to human health, to harm living resources and marine life, to damage amenities or to interfere with other legitimate uses of the sea.
The environmental policies of all States should enhance and not adversely affect the present or future development potential of developing countries, nor should they hamper the attainment of better living conditions for all, and appropriate steps should be taken by States and international organizations with a view to reaching agreement on meeting the possible national and international economic consequences resulting from the application of environmental measures.
States have, in accordance with the Charter of the United Nations and the principles of international law, the sovereign right to exploit their own resources pursuant to their own environmental policies, and the responsibility to ensure that activities within their jurisdiction or control do not cause damage to the environment of other States or of areas beyond the limits of national jurisdiction.
States shall cooperate to develop further the international law regarding liability and compensation for the victims of pollution and other environmental damage caused by activities within the jurisdiction or control of such States to areas beyond their jurisdiction.
International matters concerning the protection and improvement of the environment should be handled in a cooperative spirit by all countries, big and small, on an equal footing.
Cooperation through multilateral or bilateral arrangements or other appropriate means is essential to effectively control, prevent, reduce and eliminate adverse environmental effects resulting from activities conducted in all spheres, in such a way that due account is taken of the sovereignty and interests of all States.
Man and his environment must be spared the effects of nuclear weapons and all other means of mass destruction. States must strive to reach prompt agreement, in the relevant international organs, on the elimination and complete destruction of such weapons.
United Nations Conference on Environment and Development (Earth Summit), 1992 – Agenda 21
Chapter 20: Environmentally sound management of hazardous wastes, including prevention of illegal international traffic in hazardous wastes
20.41. The objectives of this programme area are:
(a) To reinforce national capacities to detect and halt any illegal attempt to introduce hazardous wastes into the territory of any State in contravention of national legislation and relevant international legal instruments;
(b) To assist all countries, particularly developing countries, in obtaining all appropriate information concerning illegal traffic in hazardous wastes;
(c) To cooperate, within the framework of the Basel Convention, in assisting countries that suffer the consequences of illegal traffic.
20.44. Governments should cooperate in the exchange of information on illegal transboundary movements of hazardous wastes and should make such information available to appropriate United Nations bodies such as UNEP and the regional commissions.
United Nations Conference on Environment and Development (Earth Summit), 1992 – Rio Declaration on Environment and Development
Environmental issues are best handled with participation of all concerned citizens, at the relevant level. At the national level, each individual shall have appropriate access to information concerning the environment that is held by public authorities, including information on hazardous materials and activities in their communities, and the opportunity to participate in decision-making processes. States shall facilitate and encourage public awareness and participation by making information widely available. Effective access to judicial and administrative proceedings, including redress and remedy, shall be provided.
States shall develop national law regarding liability and compensation for the victims of pollution and other environmental damage. States shall also cooperate in an expeditious and more determined manner to develop further international law regarding liability and compensation for adverse effects of environmental damage caused by activities within their jurisdiction or control to areas beyond their jurisdiction.
States should effectively cooperate to discourage or prevent the relocation and transfer to other States of any activities and substances that cause severe environmental degradation or are found to be harmful to human health.
National authorities should endeavour to promote the internalization of environmental costs and the use of economic instruments, taking into account the approach that the polluter should, in principle, bear the cost of pollution, with due regard to the public interest and without distorting international trade and investment.
Environmental impact assessment, as a national instrument, shall be undertaken for proposed activities that are likely to have a significant adverse impact on the environment and are subject to a decision of a competent national authority.
The World Charter for Nature (General Assembly resolution 37/7)
The General Assembly, Adopts, to these ends, the present World Charter for Nature, which proclaims the following principles of conservation by which all human conduct affecting nature is to be guided and judged. […] 11. Activities which might have an impact on nature shall be controlled, and the best available technologies that minimize significant risks to nature or other adverse effects shall be used; in particular: (a) Activities which are likely to cause irreversible damage to nature shall be avoided; (b) Activities which are likely to pose a significant risk to nature shall be preceded by an exhaustive examination; their proponents shall demonstrate that expected benefits outweigh potential damage to nature, and where potential adverse effects are not fully understood, the activities should not proceed; (c) Activities which may disturb nature shall be preceded by assessment of their consequences, and environmental impact studies of development projects shall be conducted sufficiently in advance, and if they are to be undertaken, such activities shall be planned and carried out so as to minimize potential adverse effects; (d) Agriculture, grazing, forestry and fisheries practices shall be adapted to the natural characteristics and constraints of given areas; (e) Areas degraded by human activities shall be rehabilitated for purposes in accord with their natural potential and compatible with the well-being of affected populations.
The Norms on the Responsibilities of Transnational Corporations and Other Business Enterprises with Regard to Human Rights
A. General obligations
1. States have the primary responsibility to promote, secure the fulfilment of, respect, ensure respect of and protect human rights recognized in international as well as national law, including ensuring that transnational corporations and other business enterprises respect human rights. Within their respective spheres of activity and influence, transnational corporations and other business enterprises have the obligation to promote, secure the fulfilment of, respect, ensure respect of and protect human rights recognized in international as well as national law, including the rights and interests of indigenous peoples and other vulnerable groups.
G. Obligations with regard to environmental protection
14. Transnational corporations and other business enterprises shall carry out their activities in accordance with national laws, regulations, administrative practices and policies relating to the preservation of the environment of the countries in which they operate, as well as in accordance with relevant international agreements, principles, objectives, responsibilities and standards with regard to the environment as well as human rights, public health and safety, bioethics and the precautionary principle, and shall generally conduct their activities in a manner contributing to the wider goal of sustainable development.
The Plan of Implementation adopted at the World Summit on Sustainable Development
169. Acknowledge the consideration being given to the possible relationship between environment and human rights, including the right to development, with full and transparent participation of Member States of the United Nations and observer States.
The Council of Europe Convention on the Protection of the Environment through Criminal Law
Article 2 – Intentional offences
1. Each Party shall adopt such appropriate measures as may be necessary to establish as criminal offences under its domestic law:
c) the unlawful disposal, treatment, storage, transport, export or import of hazardous waste which causes or is likely to cause death or serious injury to any person or substantial damage to the quality of air, soil, water, animals or plants; […] the unlawful manufacture, treatment, storage, use, transport, export or import of nuclear materials or other hazardous radioactive substances which causes or is likely to cause death or serious injury to any person or substantial damage to the quality of air, soil, water, animals or plants, […]
Article 3 – Negligent offences
1. Each Party shall adopt such appropriate measures as may be necessary to establish as criminal offences under its domestic law, when committed with negligence, the offences enumerated in Article 2, paragraph 1 a to e.
Article 6 – Sanctions for environmental offences
Each Party shall adopt, in accordance with the relevant international instruments, such appropriate measures as may be necessary to enable it to make the offences established in accordance with Articles 2 and 3 punishable by criminal sanctions which take into account the serious nature of these offences. The sanctions available shall include imprisonment and pecuniary sanctions and may include reinstatement of the environment.
Article 9 – Corporate liability
1. Each Party shall adopt such appropriate measures as may be necessary to enable it to impose criminal or administrative sanctions or measures on legal persons on whose behalf an offence referred to in Articles 2 or 3 has been committed by their organs or by members thereof or by another representative.
2. Corporate liability under paragraph 1 of this article shall not exclude criminal proceedings against a natural person […].
Article 11 – Rights for groups to participate in proceedings
Each Party may, at any time, in a declaration addressed to the Secretary General of the Council of Europe, declare that it will, in accordance with domestic law, grant any group, foundation or association which, according to its statutes, aims at the protection of the environment, the right to participate in criminal proceedings concerning offences established in accordance with this Convention.
The Council of Europe Convention on Civil Liability for Damage resulting from Activities Dangerous to the Environment
Article 1 – Object and purpose
This Convention aims at ensuring adequate compensation for damage resulting from activities dangerous to the environment and also provides for means of prevention and reinstatement.
Article 2 – Definitions
For the purpose of this Convention:
“Dangerous activity” means one or more of the following activities provided that it is performed professionally, including activities conducted by public authorities:
the production, handling, storage, use or discharge of one or more dangerous substances or any operation of a similar nature dealing with such substances; […]the operation of an installation or site for the incineration, treatment, handling or recycling of waste […].
Registration, Evaluation and Authorisation and Restriction of Chemicals (REACH)
[…] (1) This Regulation should ensure a high level of protection of human health and the environment as well as the free movement of substances, on their own, in preparations and in articles, while enhancing competitiveness and innovation. This Regulation should also promote the development of alternative methods for the assessment of hazards of substances.[…]
(3) A high level of human health and environmental protection should be ensured in the approximation of legislation on substances, with the goal of achieving sustainable development. That legislation should be applied in a non-discriminatory manner whether substances are traded on the internal market or internationally in accordance with the Community's international commitments.
(4) Pursuant to the implementation plan adopted on 4 September 2002 at the Johannesburg
World Summit on sustainable development, the European Union is aiming to achieve that, by 2020, chemicals are produced and used in ways that lead to the minimisation of significant adverse effects on human health and the environment. […]
Chemical safety report and duty to apply and recommend risk reduction measures
[…] 3. A chemical safety assessment of a substance shall include the following steps:
(a) human health hazard assessment;
(b) physicochemical hazard assessment;
(c) environmental hazard assessment;
3. […] Information on alternatives
Available information on alternative substances and techniques shall be provided, including:
– information on the risks to human health and the environment related to the manufacture or use of the alternatives,
5. Exposure assessment
Risk management measures
– the risk management measures to reduce or avoid direct and indirect exposure of humans (including workers and consumers) and the different environmental compartments to the substance,
– the waste management measures to reduce or avoid exposure of humans and the environment to the substance during waste disposal and/or recycling.
13. Disposal considerations
If the disposal of the substance or preparation (surplus or waste resulting from the foreseeable use) presents a danger, a description of these residues and information on their safe handling shall be given.
Protocol on the prevention of pollution in the Mediterranean Sea due to transboundary movements of hazardous wastes
Article 5 – General obligations
1 . The Parties shall take all appropriate measures to prevent, abate and eliminate pollution of the Protocol area which can be caused by transboundary movements and disposal of hazardous wastes.
2. The Parties shall take all appropriate measures to reduce to a minimum, and where possible eliminate, the generation of hazardous wastes.
3. The Parties shall also take all appropriate measures to reduce to a minimum the transboundary movement of hazardous wastes, and if possible to eliminate such movement in the Mediterranean. […]
Article 6 – Transboundary movement and notification procedures
In exceptional cases, unless otherwise prohibited, when hazardous wastes cannot be disposed of in an environmentally sound manner in the country in which they originated, transboundary movements of such wastes can be allowed if:
1. The special situation of the Mediterranean developing countries which do not have the the technical capabilities nor the disposal facilities for the environmentally sound management of hazardous wastes is taken into consideration.
2. The competent authority of the State of import ensures that the hazardous waste is disposed of in an approved site or facility with the technical capacity for its environmentally sound disposal.
5. Every State involved in a transboundary movement ensures that such movement is consistent with international safety standards and financial guarantees, in particular the procedures and standards set out in the Basel Convention.
Article 7 – Duty to reimport
The State of export shall reimport the hazardous wastes if the transboundary movement cannot be completed by reason of impossibility of performance of the contracts relating to the movement and disposal of the wastes. […]
Article 12 – Information to and participation of the public
1. In the exceptional cases in which transboundary movement of hazardous wastes is permitted under Article 6 of this Protocol, the Partites shall ensure that adequate information is made available to the public, […]
African Charter on Human and People’s Rights
All peoples shall have the right to a general satisfactory environment favourable to their development.
Cotonou Agreement (replaced the Lome Convention in 2000)
Article 32 - Environment and natural resources
1. Cooperation on environmental protection and sustainable utilisation and management of natural resources shall aim at:
(d) Taking into account issues relating to the transport and disposal of hazardous waste.
Bamako Convention on the Ban of the Import of Hazardous Wastes into Africa and on the Control of their Transboundary Movements within Africa
1. Hazardous Waste Import Ban
All Parties shall take appropriate legal, administrative and other measures within the area under their jurisdiction to prohibit the import of all hazardous wastes, for any reason, into Africa from non-Contracting Parties. Such import shall be deemed illegal and a criminal act. All Parties shall:
(a) Forward as soon as possible, all information relating to such illegal hazardous waste import activity to the Secretariat who shall distribute the information to all Contracting Parties;
(b) Co-operate to ensure that no imports of hazardous wastes from a non-Party enter a Party to this Convention. To this end, the Parties shall, at the Conference of the Contracting Parties, consider other enforcement mechanisms. […]
2. Ban on Dumping of Hazardous Wastes at Sea and Internal Waters
(a) Parties in conformity with related international conventions and instruments shall, in the exercise of their jurisdiction within their internal waters, territorial seas, exclusive economic zones and continental shelf, adopt legal, administrative and other appropriate measures to control all carriers from non-Parties, and prohibit the dumping at sea of hazardous wastes, including their incineration at sea and their disposal in the seabed and sub-seabed. Any dumping of hazardous wastes at sea, including incineration at sea as well as seabed and sub-seabed disposal, by Contracting Parties, whether in internal waters, territorial seas, exclusive economic zones or high seas shall be deemed to be illegal; […]
Article 5 - Designation of Competent Authorities, Focal Point and Dumpwatch
To facilitate the implementation of this Convention, the Parties shall:
1. Designate or establish one or more competent authorities and one focal point. One competent authority shall be designated to receive the notification in case of a State of transit.
Article 6 - Transboundary Movement and Notification Procedures
[…] 3. The State of export shall not allow the transboundary movement until it has received:
(a) written consent of the State of import; and
(b) from the State of import, written confirmation of the existence of a contract between the exporter and the disposer specifying environmentally sound management of the wastes in question.
Article 8 - Duty to Re-import
When a transboundary movement of hazardous wastes to which the consent of the States concerned has been given, subject to the provisions of this Convention, cannot be completed in accordance with the terms of the contract, the State of export shall ensure that the wastes in question are taken back into the State of export, by the exporter, if alternative arrangements cannot be made for their disposal in an environmentally sound manner within a maximum of 90 days from the time that the importing State informed the State of export and the Secretariat. To this end, the State of export and any State of transit shall not oppose, hinder or prevent the return of those wastes to the State of export.
Canada-U.S.A Agreement on the Transboundary Movement of Hazardous Waste
[…]The Canada-USA Agreement is recognized as an Article 11 bilateral agreement under the Basel Convention which allows the continued movement between the two countries of hazardous waste, hazardous recyclable material and other wastes, since the United States is not a Party to the Convention.
The Agreement is intended to ensure that movements of hazardous wastes, hazardous recyclable materials, and municipal solid waste, destined for final disposal crossing the Canada-United States boundary, are conducted so as to reduce the risks to human health and the environment. […]
Central American Agreement on Transboundary Movements of Hazardous Wastes
Waigani Convention to Ban the Importation of Hazardous and Radioactive Wastes into Forum Island Countries, and to Control the Transboundary Movement and Management of Hazardous Wastes within the South Pacific Region
Article 7 - Transmission of Information
1. The Parties shall ensure that in the case of an accident occurring during the transboundary movement of hazardous wastes or their disposal which is likely to present risks to human health and the environment in other States and Parties, those States and Parties and the Secretariat are immediately informed.
Article 10 - Cooperation Among Parties and International Cooperation
2. [T]he Parties shall:
(b) Cooperate in monitoring the effects of hazardous wastes and their management on human health and the environment; […]
Programme of Action for the Sustainable Development of Small Island Developing States
III. Management of Wastes
23. There is also growing concern about the transboundary movement of toxic and hazardous waste, including the use of small island developing States for the disposal of waste generated by other countries. […]
A. National action, policies and measures
[…] Develop and implement appropriate regulatory measures, including emission discharge and pollution standards, for the reduction, prevention, control and monitoring of pollution from all sources; for the safe and efficient management of toxic, hazardous and solid wastes, including sewage, herbicides, pesticides and industrial and hospital effluent; and for the proper management of disposal sites.
B. Regional action
[…] Remove and dispose of existing hazardous wastes, such as polychlorinated biphenyls, with the technical assistance of developed countries. […] Establish regional mechanisms, including conventions where appropriate, to protect the oceans, seas and coastal areas from ship-generated wastes, oil spills and the transboundary movement of toxic and hazardous waste, consistent with international law. Examine ways to resolve disputes concerning waste disposal practices affecting small islands and encourage a collaborative examination of the issues of liability and redress in the context of the Basel Convention. […]