Environmental Ethics, Policy and Law
ESE 413
Md. Anamul Hassan
Part-time Lecturer
Department of Environmental Science and Engineering
Bangladesh University of Textiles (BUTEX)
[email protected] Basel Convention 1989
Historical Background
1970s–1980s: Developed nations began exporting toxic waste (e.g., pesticides, heavy
metals, medical waste, industrial sludges) to developing countries due to lower
environmental standards and disposal costs.
Koko Case, Nigeria (1988): Over 3,800 tonnes of hazardous waste dumped in rural
Nigeria.
Khian Sea Incident: A ship carrying incinerator ash was denied port access in several
countries, eventually dumping waste in Haiti.
Department of Environmental Science and Engineering
Basel Convention 1989
Objectives
Minimize the generation of hazardous wastes in terms of quantity and hazard.
Ensure environmentally sound management (ESM) of wastes as close as possible to
the source.
Control and reduce transboundary movements of hazardous and other wastes.
Prevent illegal trafficking of hazardous wastes.
Assist developing countries in managing waste safely.
Department of Environmental Science and Engineering
Basel Convention 1989
Annexes to Basel Convention
Annex I - Categories of wastes to be controlled
Annex II - Categories of wastes requiring special consideration
Annex III- List of hazardous characteristics
Annex IV - Disposal operations
Annex V A- Information to be provided on notification
Annex V B - Information to be provided on the movement document
Department of Environmental Science and Engineering
Basel Convention 1989
Annexes to Basel Convention
Annex VI – Arbitration
Annex VII - Not yet entered into force
Annex VIII - List A -Wastes contained in this Annex are characterized as hazardous
Annex IX - List B - Wastes contained in the Annex will not be wastes covered by
Article 1
Department of Environmental Science and Engineering
Basel Convention 1989
Definitions
The Convention defines wastes as: “substances or objects which are disposed of, or
intended to be disposed of, or are required to be disposed of by the provisions national
law”
“Hazardous wastes” listed in Annex I and exhibiting Annex III characteristics, such as
explosive, flammable, oxidizing, poisonous or corrosive. Annexes VIII and IX further
clarify what is - and what is not - understood by “hazardous wastes”.
Department of Environmental Science and Engineering
Basel Convention 1989
Annex I- Hazardous Wastes
Annex I lists waste streams (wastes resulting from activities such as medical care,
pharmaceutical industries, photographic industries, etc., coded Y1 – Y18) and wastes
having specific components /constituents (e.g. cadmium, lead, arsenic, etc., coded Y19
– Y45).
The wastes are given codes to assist identification, and should be used in documents
that must accompany each shipment of waste across frontiers.
Department of Environmental Science and Engineering
Basel Convention 1989
Annex III – Hazardous Characteristics
Annex III lists a number of hazardous characteristics that pose dangers because of the
impact that such substance(s) or mixtures of substances may have.
Such characteristics are, for example, explosiveness, flammability, production of
inflammable or toxic gases, etc. and are coded H1 – H13.
Annex II: Includes household wastes and incinerator residues.
Department of Environmental Science and Engineering
Basel Convention 1989
Annex III – Hazardous Characteristics
H1 Explosive: Waste capable of exploding or producing gas at a high temperature
and pressure.
H3 Flammable: Waste that can easily ignite or burn.
H4 Flammable solids, pyrophoric, or water-reactive: Waste that can ignite
spontaneously, release flammable gases when in contact with water, or otherwise
pose a fire hazard.
H5 Toxic (Acute): Waste that can cause death, serious injury, or harm to human
health if ingested, inhaled, or through skin contact.
Department of Environmental Science and Engineering
Basel Convention 1989
Annex III – Hazardous Characteristics
H6 Toxic (Infectious): Waste containing viable microorganisms or toxins that can
cause disease.
H8 Corrosive: Waste that can corrode or damage substances.
H9 Reactive: Waste that can react violently with air, water, or other substances.
H10, H11, H13, H12 Ecotoxic: Waste that poses immediate or delayed risks to the
environment.
Department of Environmental Science and Engineering
Basel Convention 1989
Environmentally Sound Management (ESM)
Defined as “taking all practical steps to ensure that hazardous wastes are managed in a
manner that protects human health and the environment.”
Protection of Human Health and Environment: ESM is the central goal, aiming to
minimize harm to human health and the environment resulting from hazardous waste.
Integrated Life-Cycle Approach: ESM considers the entire life cycle of hazardous
waste, from its origin to disposal, ensuring responsible management at every stage.
Minimizing Waste Generation: A key aspect of ESM is to reduce hazardous waste
generation wherever possible.
Department of Environmental Science and Engineering
Basel Convention 1989
Illegal Traffic
Illegal traffic is defined as a transboundary movement of hazardous or other wastes that
violates the Convention's provisions, including those related to notification, consent, and
proper disposal.
It occurs when a transboundary movement is:
Without notification to all relevant states.
Without the consent of a concerned state.
With consent obtained through falsification, misrepresentation, or fraud.
Does not conform materially with the documents.
Results in deliberate disposal in contravention of the Convention.
Department of Environmental Science and Engineering
Basel Convention 1989
Amendments
Ban Amendment (1995)
Prohibits all exports of hazardous wastes from OECD/EU countries to non-OECD
countries for any reason (including recycling).
Entered into force in 2019 after ratification by the required number of Parties.
Plastic Waste Amendments (2019)
Classifies most plastic waste as “hazardous” unless: Clean, segregated, and suitable
for direct recycling.
Aims to curb plastic pollution through tighter trade regulations (effective January 1,
2021).
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Basel Convention 1989
Institutional Structure
Conference of the Parties (COP)
Secretariat
Basel Convention Regional and Coordinating Centres (BCRCs)
Implementation and Compliance Committee
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Basel Convention 1989
Over 170 million tonnes of hazardous waste produced annually
worldwide.
Illegal trafficking of hazardous waste is estimated to be a multi-billion-
dollar industry.
Bangladesh, along with other LDCs, faces serious challenges in handling
imported e-waste and shipbreaking waste.
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UNFCCC 1992
United Nations Framework Convention on Climate Change (UNFCCC), 1992
Scientific research, including reports from the Intergovernmental Panel on
Climate Change (IPCC), highlighted rising greenhouse gas (GHG) emissions.
Growing fears of global warming, sea-level rise, and climate variability.
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UNFCCC 1992
Objectives and Scope
“Stabilization of greenhouse gas concentrations in the atmosphere at a level that would
prevent dangerous anthropogenic interference with the climate system.” — UNFCCC
Article 2
Specific Goals:
Avoid harmful effects on ecosystems, food production, and economic
development.
Recognize common but differentiated responsibilities (CBDR) between
developed and developing nations.
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UNFCCC 1992
Parties and Classification
Annex I: This annex lists industrialized countries and EITs. These countries are
categorized as developed nations and those undergoing a transition from centrally planned
economies to market-based systems.
Annex II: This annex identifies the OECD members within Annex I. These countries have
a special obligation to provide financial and technical assistance to developing countries
and EITs to help them reduce greenhouse gas emissions and adapt to the impacts of
climate change.
Non-Annex I: This category includes the majority of developing countries, who are not
categorized under Annex I or II.
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UNFCCC 1992
Department of Environmental Science and Engineering
UNFCCC 1992
Financial and Technological Mechanisms
Green Climate Fund (GCF): Aims to mobilize $100 billion annually for
developing countries.
Global Environment Facility (GEF): Supports climate adaptation and mitigation
projects.
Technology Mechanism: Facilitates transfer of climate-friendly technology.
Department of Environmental Science and Engineering
UNFCCC 1992
Implementation Challenges
Insufficient commitments: Emission reductions fall short of 1.5°C goal.
Finance gaps: Pledged funds are not fully delivered.
Political and economic barriers: Conflicts between economic growth and emissions
cuts.
Loss and Damage: Controversial debate on compensation for climate-affected poor
nations.
Department of Environmental Science and Engineering
UNFCCC 1992
Relevance for Bangladesh
High vulnerability: Sea level rise, floods, cyclones.
Active in COP negotiations: Focus on adaptation, finance, and loss & damage.
National Adaptation Plan (NAP) and Bangladesh Climate Change Strategy and
Action Plan (BCCSAP) developed under UNFCCC guidance.
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Rio Earth Summit (1992)
United Nations Conference on Environment and Development (UNCED)
1972: Stockholm Conference marked the beginning of international environmental
diplomacy.
1980s: Rising global concern over environmental degradation, deforestation,
pollution, and climate change.
1987: The Brundtland Report (“Our Common Future”) introduced the concept of
sustainable development.
In response, the United Nations called for a landmark conference in Rio de
Janeiro, Brazil in 1992.
Department of Environmental Science and Engineering
Rio Earth Summit (1992)
Objectives
Forge a new global partnership to halt and reverse the effects of environmental
degradation.
Promote sustainable development that integrates environment, economy, and society.
Create legally and politically binding international commitments.
Department of Environmental Science and Engineering
Rio Earth Summit (1992)
Legacy and Global Impact
Contribution Description
Global Governance Formalized the concept of sustainable development
Foundation for multiple multilateral environmental
MEAs
agreements
Influenced national plans, environmental laws, and
Sustainable Policies
frameworks
Recognized role of NGOs, indigenous groups, youth,
Stakeholder Inclusion
women
Department of Environmental Science and Engineering
Rio Earth Summit (1992)
27
Principles
Department of Environmental Science and Engineering
Rio Earth Summit (1992)
Critical Principles from the Rio Declaration
Principle 1: Human beings are at the center of concerns for sustainable development. They
are entitled to a healthy and productive life in harmony with nature.
Principle 10: Environmental issues are best handled with the participation of all concerned
citizens, at the relevant level. At the national level, each individual shall have appropriate
access to information concerning the environment that is held by public authorities, including
information on hazardous materials and activities in their communities, and the opportunity
to participate in decision-making processes. States shall facilitate and encourage public
awareness and participation by making information widely available. Effective access to
judicial and administrative proceedings, including redress and remedy, shall be provided.
Department of Environmental Science and Engineering
Rio Earth Summit (1992)
Critical Principles from the Rio Declaration
Principle 15: In order to protect the environment, the precautionary approach shall be
widely applied by States according to their capabilities. Where there are threats of
serious or irreversible damage, lack of full scientific certainty shall not be used as a
reason for postponing cost-effective measures to prevent environmental degradation.
Principle 16: National authorities should endeavor to promote the internalization of
environmental costs and the use of economic instruments, taking into account the
approach that the polluter should, in principle, bear the cost of pollution, with due regard
to the public interest and without distorting international trade and investment.
Department of Environmental Science and Engineering
Agenda 21
Agenda 21 is a comprehensive action plan formulated by the United Nations to promote
sustainable development globally, nationally, and locally. It was adopted by 178
governments at the United Nations Conference on Environment and Development
(UNCED)—also known as the Earth Summit—held in Rio de Janeiro, Brazil, in June
1992.
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Structure of Agenda 21
Agenda 21 is divided into 4 main sections:
Section I: Social and Economic Dimensions
Combating poverty
Changing consumption patterns
Promoting health
Sustainable population
Integrating environment and development in decision-making
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Structure of Agenda 21
Section II: Conservation and Management of Resources for Development
Protection of the atmosphere
Land and deforestation
Biodiversity and water resources
Environmentally sound management of biotechnology
Sustainable agriculture and rural development
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Structure of Agenda 21
Section III: Strengthening the Role of Major Groups
Women
Children and youth
Indigenous people
NGOs
Local authorities
Workers and trade unions
Business and industry
Farmers
Scientific and technological communities
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Structure of Agenda 21
Section IV: Means of Implementation
Financial resources and mechanisms
Technology transfer
Science for sustainable development
Education, public awareness, and training
International institutional arrangements
Legal instruments
Information for decision-making
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Key Themes of Agenda 21
Sustainability: Focus on balancing environmental protection with economic and social
needs.
Participation: Involvement of all stakeholders, including local communities, NGOs, and
private sectors.
Integration: Holistic approach to environment and development.
Global Responsibility: Emphasizes the role of both developed and developing
countries.
Department of Environmental Science and Engineering
Convention on Biological Diversity 1992
The Convention on Biological Diversity (CBD) is a multilateral treaty aimed at promoting
the conservation of biodiversity, the sustainable use of its components, and the fair and
equitable sharing of benefits arising from genetic resources. It was adopted at the United
Nations Conference on Environment and Development (UNCED), also known as the Earth
Summit in Rio de Janeiro in 1992.
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Objectives of the CBD
The Convention has three main objectives, often referred to as the “three pillars”:
1. Conservation of Biological Diversity
Goal: To conserve ecosystems, species, and genetic diversity in both terrestrial and
marine environments.
Strategies: Establish protected areas, preserve ecosystems, and implement
sustainable land-use practices.
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Objectives of the CBD
2. Sustainable Use of Its Components:
Goal: Ensure that the use of biological resources does not lead to their depletion or
destruction.
Strategies: Promote sustainable harvesting of species, encourage responsible
agriculture and forestry, and use renewable resources wisely.
Department of Environmental Science and Engineering
Objectives of the CBD
3. Fair and Equitable Sharing of Benefits:
Goal: Ensure that the benefits arising from the use of genetic resources (e.g., in
biotechnology, pharmaceuticals) are shared fairly with the countries providing those
resources.
Strategies: Develop legal and financial frameworks for sharing benefits with
indigenous communities and biodiversity-rich countries.
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Principles of the CBD
Precautionary Principle: If there is a risk of significant environmental damage, the
absence of full scientific certainty should not be used as a reason to postpone actions to
prevent biodiversity loss.
Access and Benefit Sharing (ABS): Ensures that countries providing genetic resources
or traditional knowledge benefit from their use in a fair and just manner.
In-situ and Ex-situ Conservation:
In-situ: Conservation of ecosystems and species in their natural habitats.
Ex-situ: Conservation outside natural habitats (e.g., seed banks, zoos).
Department of Environmental Science and Engineering
The CBD's Strategic Plan (2011-2020)
The Aichi Biodiversity Targets were adopted in 2010 during the Nagoya Protocol to guide
global biodiversity actions:
Target 1: By 2020, the loss of biodiversity and degradation of ecosystems is significantly
reduced.
Target 11: Protect at least 17% of terrestrial and inland water areas and 10% of marine areas
through well-managed protected areas.
Target 16: By 2020, the Nagoya Protocol on Access to Genetic Resources and the Fair and
Equitable Sharing of Benefits is in force.
The Post-2020 Framework builds on the Aichi targets, focusing on increasing conservation
efforts, integrating biodiversity into sectors like agriculture and finance, and promoting
stronger international cooperation.
Department of Environmental Science and Engineering
