Responsibility and liability in the context of transboundary movements of hazardous wastes by sea.

Formerly CIP.
Includes bibliographical references.

Machine generated contents note: ch. 1 Introduction
A.The Factual Perspective: Transboundary Movements of Hazardous Wastes by Sea
B.The Legal Perspective: Existing Rules and the 1999 Liability Protocol to the Basel Convention
C.The Structure of This Book
ch. 2 The International Trade in Hazardous Wastes and Its Economic Background
A.Hazardous Wastes: Properties and Economic Importance
I.Sources and Composition of Hazardous Wastes
II.Volumes of Generated Hazardous Wastes
III.Forms of Waste Treatment and Disposal
IV.The Commercial Value of Hazardous Wastes
V.Summary
B.The Transboundary Movement of Wastes
I.Reasons for the Emergence of Hazardous Waste Movements
II.Quantities and Typical Patterns of Hazardous Wastes Movements
III.The Involvement of Waste Brokers and Waste Dealers
IV.Illegal Traffic and Shipments Off the Official Path
C.The Interests Involved
I.Private Parties
II.State Interests
Contents note continued: III.Hazardous Waste Trade as "Environmental Racism"?
IV.Summary
D.The Risk Potential of Hazardous Waste Movements
ch. 3 The Present Legal Framework
A.The Legal Concept of International Responsibility
I.The Principle of State Responsibility for Internationally Wrongful Acts
II.Is There a Need for Autonomous Rules on State Liability for Lawful but Injurious Activities?
1."False Cases of Liability Sine Delicto"
(a).The General Approach
(aa).Obligations of Conduct and Obligations of Result
(bb).Distinction Between Legal Acts and Factual Activities
(cc).Implications for the Application of State Responsibility
(b).Further Enhancements of this Approach
(aa).Equation of Activities and Its Consequences
(bb).A Comprehensive Obligation to Prevent Damage
(c).Summary
2."True Cases of Liability Sine Delicto"
(a).Explicit Rules of State Liability
(b).Recognition as a General Principle of International Law?
Contents note continued: (c).Implications of the Non-existence of a General Principle of State Liability
3.The Relationship Between Both Concepts
III.The Importance of Civil Liability Conventions
B.The Contribution of the International Law Commission
I.State Responsibility
II.State Liability
C.State Responsibility in the Context of Transboundary Movements of Hazardous Wastes by Sea
I.Explicit Provisions of State Responsibility in International Treaty Law
1.The Basel Convention
(a).Article 12
(b).Article 8
(c).Article 9
(d).Summary
2.Other Conventions Relevant to the Trade in and Transport of Hazardous Wastes
3.The Law of the Sea Convention (UNCLOS)
4.Other Conventions Relevant to the Protection of the Marine Environment
5.Summary
II.The Customary Principle of State Responsibility
1.Act of the State
(a).State Organs and Persons Empowered by the State
(b).Persons in Fact Acting for the State
(c).Conduct Ultra Vires
Contents note continued: (d).Interstate Attribution
(e).Persons Solely Acting in Private Capacity
(f).Summary
2.Breach of an International Obligation
(a).Requirements in General
(aa).Relevance of the Respective Primary Obligation
(bb).A General Requirement of Damage?
(cc).A General Requirement of Fault?
(dd).Due Diligence as the Relevant Standard of Behaviour
(b).Obligations Arising from International Conventions
(aa).The Basel Convention
(1).Background and Basic Legal Features of the Convention
(2).Obligations Imposed on States
(i).General Obligation: Minimisation of Generation and Transportation of Hazardous Wastes
(ii).First Tier: Absolute Trade Restrictions
(iii).Second Tier: Environmentally Sound Management
(iv).Third Tier: Prior Informed Consent Principle
(v).Further Obligations Imposed by the Basel Convention
(3).The Application of the Basel Convention to End-of-Life Ships
(i).The Dismantling of End-of-Life Ships
Contents note continued: (ii).The Definition of "Waste"
(iii).Simultaneity of Ship and Waste?
(4).Summary
(bb).Other Conventions and Regulations Relevant to the Trade in and Transport of Hazardous Wastes
(1).The Bamako Convention
(i).Background of the Convention
(ii).The Obligations Imposed by the Convention
(iii).Summary
(2).The Waigani Convention
(3).The Cotonou Agreement
(4).OECD Council Decisions
(5).European Union Legislation
(cc).The Law of the Sea Convention
(i).The Obligation to Protect and Preserve the Marine Environment, Articles 192, 194(1)
(ii).The Obligation to Prevent Transboundary Pollution to the Marine Environment, Article 194(2)
(iii).Further Obligations
(3).Summary
(dd).Further Conventions Relevant to the Protection of the Marine Environment
(1).MARPOL 73/​78 Convention
(2).OPRC Convention
Contents note continued: (3).London Dumping Convention
(4).The UNEP Regional Seas Programme
(i).Regional Seas Conventions
(ii).The 1996 Izmir Protocol to the Barcelona Convention
(iii).The 1998 Tehran Protocol to the Kuwait Convention
(ee).Conventions Relevant to the Trade and Transport of Hazardous Substances
(1).Rotterdam PIC-Convention
(2).Stockholm POPs Convention
(3).Hong Kong Convention
(4).Agreements and Conventions Concerning the Safe Transport and Handling of Dangerous Goods
(c).Obligations Arising from General International Law
(aa).The Obligation not to Cause Significant Harm to the Environment of Another State's Territory
(1).Recognition in International Law
(i).The Origin of this Obligation
(ii).Exception from the Prevalence of Territorial Integrity in Case of Insignificant Harm
(2).The Content of this Obligation
(i).Geographical Scope
(ii).Prohibitive and Preventive Elements
(iii).Legal Character
Contents note continued: (3).The Burden of Proof
(4).Application to Transboundary Movements of Hazardous Wastes by Sea
(bb).The Obligation to Protect and Preserve the Marine Environment
(d).Circumstances Precluding Wrongfulness
(e).Summary
3.Legal Consequences
(a).Continuation of the Primary Obligation
(b).Reparation
(aa).Causal Link
(bb).Forms of Reparation
(c).Invocation by the Injured State
(d).Serious Breaches of Peremptory Obligations
4.Jurisdictional Issues
III.Summary: State Responsibility
D.Existing Civil Liability Conventions
I.1999 Protocol to the Basel Convention
1.Evolution of the Protocol
2.Legal Objectives and Main Content
II.1996/​2010 HNS Convention
1.The Evolution of the 1996 HNS Convention and Its Main Content
2.Perceived Deficiencies and Obstacles to Ratification
(a).Contribution of Packaged Cargo to the HNS Fund
(b).Contributions of the LNG Account
Contents note continued: (c).Non-submission of Contributing Cargo Reports
(d).Conclusion
3.The 2010 Protocol to the HNS Convention and Further Development
III.Further Civil Liability Conventions
1.Liability for Oil Pollution from Ships
2.Liability for Nuclear Damage
3.Liability for the Carriage of Dangerous Goods by Land
4.Other Civil Liability Conventions
IV.Regional Civil Liability Regulations
1.1993 Lugano Convention
2.EU Environmental Liability Directive
V.The LLMC Convention
VI.Summary
E.Relationship Between Civil Liability Conventions and the Principle of State Responsibility
F.Summary: Responsibility and Liability de lege lata
ch. 4 Attempting an Interim Conclusion: Preconditions for an Effective Legal Regime on Liability and Compensation
A.Necessity of a Regime of Liability and Compensation
I.Insufficiency of Non-financially Oriented Treaty Compliance Mechanisms
Contents note continued: II.Liability Rules as a Remedy for Environmental Damage
B.The Appropriate Form of Liability
I.National, Regional or Global Approach?
II.State Liability or Civil Liability?
C.Limitations Set by Other Areas of Law
D.Summary
ch. 5 The 1999 Basel Protocol on Liability and Compensation
A.The Regulatory Content of the Basel Protocol
I.Scope of Application
1.Transboundary Movements of Hazardous Wastes and Other Wastes
(a).Wastes Subject to the Basel Protocol
(aa).Hazardous Wastes
(1).Autonomous Definition
(2).National Definitions
(bb)."Other Wastes"
(cc).Wastes Excluded from the Scope of the Protocol
(b).Transboundary Movements and Other Activities Covered by the Protocol
(aa).Transboundary Movement
(bb).Other Activities
2.Incidents Covered by the Basel Protocol
(a).Terminological Scope of "Incidents"
(b).Geographical and Temporal Coverage of Incidents
3.Damage Covered by the Protocol
Contents note continued: (a).Terminological Scope of "Damage"
(aa).Personal Damage and Damage to Property
(bb).Loss of Income
(cc).Measures of Reinstatement and Preventive Measures
(1).Definitions
(2).Distinction from Salvage Remuneration
(dd).Purely Ecological Damage
(g).Geographical Scope of Covered Damage
4.Summary
II.Relationship to Other Civil Liability Regimes
1.Requirements in General
(a).Article 3(7) of the Protocol
(aa).Legal Requirements
(bb).Objections Raised Against This Provision
(b).Article 11 of the Protocol
(aa).Difficulties Related to the Dual Coverage of Movements
(bb).Meaning of "Portion of a Transboundary Movement"
(cc).Insufficiency of the Formal Criterion
2.Relationship to Single Civil Liability Instruments
(a).Relationship to the HNS Convention
(b).Relationship to the CRTD Convention
(c).Relationship to the Civil Liability Convention
Contents note continued: (d).Relationship to Other Regimes of Liability and Compensation in the Field of Transboundary Movements of Hazardous Wastes
(e).Relationship to the OECD and EU Regulations
(f).Relationship to Regimes of Liability for Cargo Damage
(g).Relationship to the LLMC Convention
3.Summary
III.The Liability Regime of the Basel Protocol
1.The Basic Concept of Liability of the Basel Protocol
(a).The Concept of Combining Strict and Fault-Based Liability
(b).No Subsidiary Liability of the State
(c).Common but Differentiated Civil Liabilities?
2.Strict Liability According to Article 4
(a).The Approach of Channelling Strict Liability According to Spheres of Responsibility
(b).Allocation of Strict Liability Under the Basel Protocol
(aa).The Regulation in Detail
(bb).The Temporal Break When Liability Shifts to the Disposer
(cc).Non-establishment of a General Secondary Liability of the Generator
Contents note continued: (dd).Liability of the Generator for Aftercare Operations
(c).Exceptions to Strict Liability
(aa).Article 4(5)
(bb).Article 6(2)
3.Fault-Based Liability According to Article 5
4.The Requirement of a Causal Link
(a).Differences Between Strict and Fault-Based Liability
(b).Combined Causes of Damage, Article 7
5.Contributory Fault, Article 9
6.Right of Recourse, Article 8
7.Summary
IV.The Regime of Limitation of Liability
1.Financial Limitation of Liability
(a).Potential Conflicts with the LLMC Convention
(b).The Legal Arrangement of Limitation of Liability
(c).Practical Implications
(d).Procedural Issues
(e).Revision of the Financial Limits Established by Annex B
2.Temporal Limitation of Liability
V.Further Financial Instruments Implemented by the Basel Protocol
1.Compulsory Insurance or Similar Guarantees
2.The Non-establishment of a Compensation Fund
Contents note continued: (a).The Need for an Additional Financial Instrument
(b).The Utilisation of the Technical Cooperation Trust Fund
(c).Interim Solution Insufficient Only upon Entry into Force of the Basel Protocol
VI.Rules of Procedures
1.Rules on Competent Courts
2.Rules on the Applicable Law
3.Mutual Recognition and Enforcement of Judgments
VII.Overview of the Protocol's Final Clauses
B.Excursus: The Cases of the M/​V "Khian Sea" and the M/​V "Probo Koala"
C.An Assessment of the Basel Protocol
I.Summary of the Major Achievements and the Major Defects of the Basel Protocol
II.Reasons for the Protocol's not Entering into Force
1.Lack of Political Incentive to Ratify the Basel Protocol
2.Shortcomings of the Protocol and Obstacles for Implementation
III.Consequences of the Protocol's not Entering into Force
ch. 6 Concluding Summary.