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The term “hazardous wastes” covers a wide range of disused products and production wastes generated not only in industrial sectors, but also in all areas of everyday life. Hazardous wastes are to a large extent shipped by sea to third countries for recycling or disposal. While the procedural requirements for such movements are laid out in the 1989 Basel Convention, explicit rules of responsibility and liability for resulting damages are neither provided by the Basel Convention nor by other international conventions. The Liability Protocol to the Basel Convention of 1999 has not yet entered into force. This book examines the existing rules of responsibility and liability applying to States and private persons and outlines the conditions under which liability may be incurred. Subsequently, the advantages and shortcomings of the 1999 Liability Protocol are analyzed. Although this Protocol faces substantial political headwind, from a legal perspective it includes principally useful and reasonable approaches and should therefore be ratified.
While more than 2,700 emergency removals of hazardous materials have taken place under Superfund, implementing the long-term cleanup program has been the object of considerable controversy. One of the most contentious issues is whether the liability standards in the law should be revised. The authors analyze the pros and cons associated with the current liability approach, as well as with a variety of alternative strategies.
A challenge facing society today is how to develop a meaningful strategy for integrated hazardous waste management. Meeting this challenge was the principal motivation for the conference on "Risk Assessment and Risk Management Strategies for Hazardous Waste Storage and Disposal Prob lems," held at the Wharton School of the University of Pennsylvania on May 18-19, 1988. The conference brought together representatives from the major interested parties - environmentalists, government, insurance, law, manufacturing, and the university community - who have been con cerned with the waste management process. The conference was the third cosponsored by the Wharton Center for Risk and Decision Processes addressing the knotty problem of hazardous waste. The first, held at the International Institute for Applied Systems Analysis in 1985, examined the transportation, storage, and disposal of hazardous materials. It suggested steps that industry, insurers, and gov ernment agencies could take to improve the safety and efficiency with which hazardous materials are produced and controlled in industrialized societies. Specifically, it focused on the risk-management tools of insurance, com pensation, and regulation. xv xvi PREFACE The second conference, held at the Wharton School, University of Penn sylvania in 1986, concentrated on the role of insurance and compensation in environmental pollution problems. It characterized a set of problems related to the environmental pollution liability insurance crisis as presented by key interested parties and proposed a set of research needs for providing a sound basis for constructing socially appropriate measures to deal with the problem.