Assigning responsibility for damage caused by accidental spills of hazardous waste

The Convention on the Control of Transboundary Movements of Hazardous Wastes and Their Disposal (Basel Convention) entered into force in 1992. It is concerned with the annual world-wide production of hundreds of millions of tonnes of hazardous wastes. These wastes are considered hazardous to people or the environment if they are toxic, poisonous, explosive, corrosive, flammable, eco-toxic, or infectious.

The Protocol on Liability and Compensation for Damage Resulting from the Transboundary Movement of Hazardous Wastes and their Disposal has been adopted by the Conference of the Parties to the Basel Convention (10 December 1999). The objective of the Protocol is to provide for a comprehensive regime for liability as well as adequate and prompt compensation for damage resulting from the transboundary movement of hazardous wastes and other wastes, including incidents occurring because of illegal traffic in those wastes. The Protocol addresses who is financially responsible in the event of an incident. Each phase of a transboundary movement, from the generation of wastes to their export, international transit, import, and final disposal, is considered.