| Since the early 70's of 20 centuries, concern about transboundary movements of hazardous wastes in international trade has been grown sharply. Some developed countries including America and England transferred their wastes into other countries, especially to developing ones, in legally or illegally ways. At the end 80's of 20 centuries, transboundary movements of hazardous wastes turned worse, which brought extremely disadvantageous consequences to ecosystem and people's health in the developing countries and become one of the most serious environment problems in the world gradually. Transboundary movements of hazardous wastes tort seriously people's environmental right, threaten the survival of the future human being and the progress and prosperity of the whole world.In order to reply the challenge of transboundary movements of hazardous wastes, the international society exerts on making the international laws on transboundary movements of hazardous wastes. And a series of conventions, protocols and instruments have been signed. One of the most important conventions,"Basel Convention on the Control of Transboundary movements of hazardous wastes and its Disposal", comes into effect in 1989, which has important historical meanings by geting very important effects on the management of the transboundary movements of hazardous wastes.As the first convention on the control of transboundary movements of hazardous wastes and its disposal, the Basel Convention was formulated under the special political and economic background. The legal framework of transboundary movements of hazardous wastes is not formed in one day, but experienced a process of developing maturating and consummating. From the framework of the first convention to the implementation of the Basel Manual, and from the Basel Ban of prohibiting transferring wastes into developing countries to the Protocol on the Liability and Compensation, the convention continuously strengthen its legal nature, and eventually established a relatively complete framework. The framework is generally including the two concepts"wastes"and"hazardous wastes", the international legal principles of the Basel Convention should be complied with, the international legal systems of the transboundary movements of hazardous wastes from the conventions, the international system of responsibility and compensation for damage resulting from the transboundary movements of hazardous wastes and so on. Since the Basel Convention came into being, the Basel Convention wasn't only satisfied with the improvement of the system level, but also it Focus on strengthening the implementation on the international control of transboundary movements of hazardous wastes. The Basel Convention established the implementation of the supporting system of the convention, and probed into the relationship between the Basel Convention and the trade regulations to some extent. Especially, the handling of"C?te d'Ivoire incident"fully shows the practice efforts of the convention on the international control of transboundary movements of hazardous wastes. Although there still are some defects and weaknesses among the Convention, the effectuation of the Basel Convention is advantageous to the whole world, and it plays an important role in protecting the ecological environment and people's health of the parties especially to developing country parties.With the subscription and being into effect of the Basel Convention and the relative documents, the legislation and enforcement of the management of transboundary movements of hazardous wastes is becoming the important agenda of the international society and all governments over the world. As a party state of the Basel Convention, China takes an active role in implementing its international obligations,and has promulgated and amended the relative laws,promulgated administrative regulations and department rules when facing the status that some developed countries continuously and crazily transport their hazardous wastes they produced in. All these strongly kept the foreign hazardous wastes within limits from transporting into China and stick up for China's environmental sovereignty. While,the status of research of the problem of transboundary movements of hazardous wastes in China is not matched the current needs. There are many things that need to harmonize with the Basel Convention in the national legislation. So we should perfect our law, reform the control mechanism of hazardous wastes, strengthen the international cooperation of management and disposal of hazardous wastes, make greater efforts to encourage the public participation and promote further the development and the perfection of the international environmental legislation of the management of hazardous wastes. |
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