Negotiation of a protocol on liability and compensation for damage resulting from transboundary movements of hazardous wastes and their disposal

作     者：Lawrence, Peter 

作者机构：Australian Permanent Mission to the UN Geneva Switzerland 

出 版 物：《Review of European Community and International Environmental Law》 (Rev. Eur. Community Int. Environ. Law)

年 卷 期：1998年第7卷第3期

页      面：249-255页

学科分类：0303[法学-社会学] 0301[法学-法学] 0830[工学-环境科学与工程（可授工学、理学、农学学位）] 03[法学] 0705[理学-地理学] 0813[工学-建筑学] 0833[工学-城乡规划学] 

摘      要：The Basel Convention on the Transboundary Movements of Hazardous Wastes and their Disposal (the Basel Convention) entered into force in 1992. The Basel Convention aims to minimize the generation and transboundary movements of hazardous wastes. The absence of rules on liability and compensation in the Basel Convention itself which could address the compensation issues which arose in relation to events such as the Koko incident described above, was a source of criticism at the time of its adoption. The need for rapidly developing a protocol on this subject was emphasized by statements made at the time of adoption of the Convention. Despite this sense of urgency, progress by the working group has been slow. This article outlines the state of the negotiations to date on the liability protocol. It demonstrates that in spite of some progress at the fifth and sixth negotiating sessions, a number of complex issues remain unresolved in the negotiations.