THE TRANSBOUNDARY MOVEMENT OF HAZARDOUS WASTE A COMPARATIVE ANALYSIS

An analysis of the transboundary movement of hazardous waste requires a comparative examination of three main regulatory entities. First, the international Basel Convention on the Control of the Transboundary Movements of Hazardous Wastes and Their Disposal will be covered. More particularly, an inquiry of its raison d\u27etre, will be followed by a critical examination of its goals and mechanisms. The relationship the United States has with the Convention and its national approach towards the export of hazardous waste will be covered next. A brief investigation of the real situation impacts of the Basel Convention will finalize this chapter. The second part will explore the actual regulatory scheme in the European Union concerning the Supervision and Control of Shipments of Waste, Within, Into and Out of the European Community, which is reflected in the Regulation 259/93, applicable since May 1994. After studying its main features, some greater attention will be given to its striking \u27right to ban\u27 clause. Especially, the precursory influences of this particular provision, as can be found in the Belgian Waste Case, rendered by the European Court of Justice, will be touched upon. The last part will analyze the approach by the United States Supreme Court towards the issue of interstate and intrastate movement of (hazardous) wastes rendered in its main decisions. The cases will be discussed extensively, and wherever possible a comparison will be made with the judgments by the European Court of Justic