Research Handbook on Law, Environment and the Global South
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Research Handbook on Law, Environment and the Global South

Edited by Philippe Cullet and Sujith Koonan

This comprehensive Research Handbook offers an innovative analysis of environmental law in the global South and contributes to an important reassessment of some of its major underlying concepts. The Research Handbook discusses areas rarely prioritized in environmental law, such as land rights, and underlines how these intersect with issues including poverty, livelihoods and the use of natural resources, challenging familiar narratives around development and sustainability in this context and providing new insights into environmental justice.
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Chapter 6: North-South transboundary movement of hazardous wastes – the Basel Ban and environmental justice

Julia Dehm and Adil Hasan Khan


Outrage at the environmental injustice caused by an economic logic that promoted the export of hazardous waste from rich industrialized countries to regions in the global South led to the adoption of the Basel Convention on the Control of the Transboundary Movement of Hazardous Wastes and their Disposal (1989) and the Ban Amendment (still not legally binding) in 1995. The Ban Amendment prohibits the export of waste from OECD countries to non-OECD countries and has been widely celebrated as one of the few fulfilled promises of the Rio Earth Summit and a real victory of environmental justice and South solidarity to defeat powerful vested interests. This chapter examines and maps the ways in which the victory of the Ban Amendment has been undermined in the succeeding 20 years and how this has led to obscuring of the responsibility of industrialized countries for the production of hazardous wastes.

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