Attempting an Interim Conclusion: Preconditions for an Effective Legal Regime on Liability and Compensation
The application of the customary principle of State responsibility to damage resulting from the transboundary movement of hazardous wastes by sea as well as the application of civil liability conventions, whether in force or not, to such movements have been outlined in the previous chapter. As an overall result, it has been ascertained that the current legal situation at the international level regarding liability and compensation for damage resulting from hazardous waste movements is insufficient and unsatisfactory. The question now must be whether the Protocol to the Basel Convention can be regarded as an appropriate and effective solution and what can be done to encourage ratification of this convention. To this end, a first step entails examining in this chapter the basic preconditions for a feasible liability regime.