Waste Management & Research
2016, Vol. 34(6) 502–510
© The Author(s) 2016
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DOI: 10.1177/0734242X16640927
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Introduction
In order to address transboundary environmental threats, nation-
states have preferred to create binding agreements and interna-
tional law through negotiation since the end of the nineteenth
century (O’Neill, 2009). Among chemical and waste-related mul-
tilateral environmental agreements (MEAs), there are three major
MEAs whose parties exceeded 140 signatories, ratifications or
accessions. They are the Basel Convention on the Control of
Transboundary Movements of Hazardous Wastes and their
Disposal (referred to hereinafter as the Basel Convention),
Rotterdam Convention on the Prior Informed Consent Procedure
for Certain Hazardous Chemicals and Pesticides in International
Trade (referred to hereinafter as the Rotterdam Convention) and
Montreal Protocol on Substances that Deplete Ozone Layer
(referred to hereinafter as Montreal Protocol). All of the three
MEAs have trade regulation provisions to control transboundary
movement of chemicals or toxic waste.
Basel Convention
The Basel Convention was adopted on 22 March 1989 and entered
into force on 5 May 1992, with the aim to protect human health and
the environment against the adverse effects of hazardous waste. To
date, 183 countries have become parties to the Convention. The
Basel Convention requires prior informed consent of a state of
import and states of transit before an export of waste can take
place. Article 4 of the Convention specifies that:
3. The Parties consider that illegal traffic in hazardous wastes or
other wastes is criminal.
4. Each Party shall take appropriate legal, administrative and
other measures to implement and enforce the provisions of this
Convention, including measures to prevent and punish conduct in
contravention of the Convention.
5. A Party shall not permit hazardous wastes or other wastes to be
exported to a non-Party or to be imported from a non-Party.
Improvements to enforcement of
multilateral environmental agreements
to control international shipments of
chemicals and wastes
Ning Liu
1
, Vira Somboon
2
, Surichai Wun’gaeo
3
, Carl Middleton
2
,
Charit Tingsabadh
4
and Sangchan Limjirakan
1
Abstract
Illegal trade in hazardous waste and harmful chemicals has caused severe damage on human health and the environment, and brought
big challenges to countries to meet their commitments to related multilateral environmental agreements. Synergy-building, like
organising law enforcement operations, is critical to address illegal trade in waste and chemicals, and further improve the effectiveness
of environmental enforcement. This article discusses how and why law enforcement operations can help countries to implement
chemical and waste-related multilateral environmental agreements in a more efficient and effective way. The research explores key
barriers and factors for organising law enforcement operations, and recommends methods to improve law enforcement operations to
address illegal trade in hazardous waste and harmful chemicals.
Keywords
Environmental enforcement, enforcement operation, regime effectiveness, waste crime, combating illegal trade, synergies building,
multilateral environmental agreement, chemicals and waste
1
Environment, Development and Sustainability Programme,
Chulalongkorn University, Bangkok, Thailand
2
Faculty of Political Science, Chulalongkorn University, Bangkok,
Thailand
3
Centre for Peace and Conflict Studies, Chulalongkorn University,
Bangkok, Thailand
4
Centre for European Studies, Chulalongkorn University, Bangkok,
Thailand
Corresponding author:
Vira Somboon, Faculty of Political Science, Chulalongkorn University,
Bangkok 10330, Thailand.
Email: sbvira@yahoo.com
640927WMR 0 0 10.1177/0734242X16640927Waste Management & ResearchLiu et al.
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