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Responsibility and Liability in the Context of Transboundary Movements of Hazardous Wastes by Sea

Existing Rules and the 1999 Liability Protocol to the Basel Convention

  • Jan Albers

Part of the Hamburg Studies on Maritime Affairs book series (HAMBURG, volume 29)

Table of contents

  1. Front Matter
    Pages i-xxv
  2. Jan Albers
    Pages 1-9
  3. Jan Albers
    Pages 35-192
  4. Jan Albers
    Pages 305-310
  5. Back Matter
    Pages 311-370

About this book

Introduction

The term “hazardous wastes” covers a wide range of disused products and production wastes generated not only in industrial sectors, but also in all areas of everyday life. Hazardous wastes are to a large extent shipped by sea to third countries for recycling or disposal. While the procedural requirements for such movements are laid out in the 1989 Basel Convention, explicit rules of responsibility and liability for resulting damages are neither provided by the Basel Convention nor by other international conventions. The Liability Protocol to the Basel Convention of 1999 has not yet entered into force. This book examines the existing rules of responsibility and liability applying to States and private persons and outlines the conditions under which liability may be incurred. Subsequently, the advantages and shortcomings of the 1999 Liability Protocol are analyzed. Although this Protocol faces substantial political headwind, from a legal perspective it includes principally useful and reasonable approaches and should therefore be ratified.

Keywords

Basel Convention Law of the sea Liability protocol to the Basel Convention State responsibility Transboundary movements of harzadous waste

Authors and affiliations

  • Jan Albers
    • 1
  1. 1.Segelken & SuchoparHamburgGermany

Bibliographic information

  • DOI https://doi.org/10.1007/978-3-662-43349-2
  • Copyright Information Springer-Verlag Berlin Heidelberg 2015
  • Publisher Name Springer, Berlin, Heidelberg
  • eBook Packages Humanities, Social Sciences and Law
  • Print ISBN 978-3-662-43348-5
  • Online ISBN 978-3-662-43349-2
  • Series Print ISSN 1614-2462
  • Series Online ISSN 1867-9587
  • Buy this book on publisher's site
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