Devansh Malhotra
Advocate
Punjab and Haryana High Court, Chandigarh
International agreements on waste reduction and sustainable development play a pivotal role in addressing the global environmental challenges associated with waste management. As the world grapples with increasing levels of waste generation and the environmental consequences of improper disposal, nations have come together to establish frameworks and agreements that promote responsible waste management practices, reduce pollution, and contribute to broader sustainable development goals.
HISTORICAL CONTEXT
The need for international cooperation on waste management became evident in the latter half of the 20th century as globalization accelerated trade and the movement of goods. The Basel Convention, established in 1989, was one of the first international agreements addressing the transboundary movement of hazardous wastes. Over time, the focus has expanded beyond hazardous waste to include various types of waste, including plastics. Several international agreements and initiatives address waste reduction and sustainable development and aim to promote responsible waste management practices, reduce pollution, and contribute to sustainable development goals.
KEY INTERNATIONAL AGREEMENTS
Montreal Protocol on Substances that Deplete the Ozone Layer (1987) [1]: While primarily focused on ozone-depleting substances, the Montreal Protocol indirectly contributes to waste reduction by promoting the proper disposal and management of substances like refrigerants, which can be harmful to the environment.
Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and Their Disposal (1989) [2]: The Basel Convention remains a cornerstone of international efforts to regulate the transboundary movement and disposal of hazardous waste. It came into force in 1992. Its primary objectives are to minimize the generation of hazardous waste, ensure environmentally sound management, and prevent the dumping of waste in developing countries. Amendments to the Basel Convention address new challenges, including plastic waste. The 2006 Nairobi Declaration [3], adopted during COP9, seeks innovative solutions for environmentally sound electronic waste management under the Basel Convention on Hazardous Waste Movement.
Agenda 21 (1992) [4]: Agenda 21, formulated at the 1992 UN Conference on Environment and Development in Rio de Janeiro, is a thorough action plan encompassing sustainable development. It tackles diverse areas, including waste management.
Stockholm Convention on Persistent Organic Pollutants (2001) [5]: The Stockholm Convention focuses on controlling the production, use, and release of persistent organic pollutants (POPs), hazardous chemicals that pose long-term environmental and health risks.
Minamata Convention on Mercury (2013) [6]: The Minamata Convention on Mercury, effective since 2017, is a worldwide pact safeguarding human health and the environment from mercury's adverse effects. It regulates emissions, releases, and trade, stressing sound mercury storage. The convention encourages mercury-free alternatives, awareness initiatives, and safeguards for vulnerable populations, marking a vital stride in mitigating mercury exposure risks.
2030 Agenda for Sustainable Development [7]: Adopted by the United Nations in 2015, the 2030 Agenda for Sustainable Development includes 17 Sustainable Development Goals (SDGs) [8], with SDG 12 specifically focusing on responsible consumption and production. Target 12.4 under SDG 12 calls for a substantial reduction of waste generation through prevention, reduction, recycling, and reuse.
Circular Economy Action Plan (European Union) 2015 [9]: While not a global agreement, the European Union as a regional entity, has adopted a Circular Economy Action Plan to promote a circular economy, where products are designed to be reused, repaired, and recycled. This approach aims to reduce waste and enhance resource efficiency.
EU Single-Use Plastics Directive (2019) [10]: Again, the European Union's Single-Use Plastics Directive, adopted in 2019, is a notable regional initiative. It targets specific single-use plastic items most commonly found on European beaches, with the aim of reducing the environmental impact of these products and promoting more sustainable alternatives.
Amendments to The Basel Convention (2019) [11]: Amid the growing global concern over plastic pollution, the Basel Convention underwent substantial 2019 amendments to more effectively regulate the cross-border movement of plastic waste. These changes, reinforced in 2021 [12] with amendments to specific Annexes, reflect continuous endeavours to strengthen the Convention in managing evolving waste challenges and classifying diverse wastes, notably plastics.
The International Maritime Organization (IMO) addresses maritime waste through key conventions and guidelines. MARPOL Annex V [13], a pivotal IMO regulation, specifically targets pollution prevention from garbage disposal by ships, prohibiting the disposal of most plastics and mandating proper waste management. The IMO emphasizes the importance of adequate Port Reception Facilities, ensuring ships can dispose of waste properly while in port. Additionally, the Ballast Water Management Convention [14] indirectly contributes to waste reduction. Guidelines on the implementation of MARPOL Annex V offer practical advice to ship operators. The IMO's responsibilities include overseeing ship recycling under the Hong Kong International Convention [15], ensuring environmentally sound practices and hazardous material management. The organization significantly influences global standards, encourages collaboration, and advocates for sustainable practices, contributing to the reduction of maritime pollution and the preservation of the marine environment.
Global Pact for The Environment (Proposed)[16]: Ongoing discussions focus on creating a Global Pact for the Environment, aiming to establish a comprehensive international framework for addressing environmental challenges, including waste reduction. Though not yet concluded, this pact has the potential to bolster the global dedication to sustainable waste management practices.
These accords signify a worldwide initiative to tackle environmental issues related to waste and advocate for sustainable methodologies. Nations globally are urged to embrace and enforce measures that decrease waste generation, enhance waste management systems, and endorse a more sustainable utilization of resources.
IMPLEMENTATION AND ENFORCEMENT
The success of global agreements heavily hinges on nations' dedication to executing and enforcing the established measures. Numerous accords, such as the Basel Convention, include monitoring and reporting mechanisms to evaluate adherence. Despite these efforts, challenges persist, particularly in areas where the capability for effective waste management may be constrained.
POLLUTER PAYS PRINCIPLE
Central to many international agreements is the Polluter Pays Principle (“PPP”)[17], a fundamental environmental policy concept. The PPP asserts that those who generate pollution or produce waste should bear the costs associated with managing and mitigating environmental impacts. This principle is often reflected in economic instruments such as taxes, fees, and charges designed to internalize the environmental costs of waste generation.
RECENT DEVELOPMENTS AND FUTURE OUTLOOK
Recent developments include amendments to Annexes IV and VI of the Basel Convention in 2021, addressing the classification of certain wastes, including plastics. These changes demonstrate the ongoing efforts to enhance the effectiveness of the Convention in addressing evolving challenges in waste management. The UNEP and UNITAR's ‘Guidelines for National Waste Management Strategies’[18] focus on assessing challenges and identifying opportunities in waste management. Emphasizing stakeholder engagement, legislative frameworks, waste reduction, and recycling, the guidelines promote capacity building, technological innovation, and effective monitoring. They underscore public awareness and international cooperation to develop comprehensive, sustainable waste management strategies.
These days it is a trend that most of the nations are switching towards solar energy as a major source of clean energy and enabling them to reduce their dependence upon the traditional fossil fuel-based energy. The disposal of solar panel waste demands a strategic approach to mitigate environmental impact. Prioritizing reuse and recycling are crucial, as solar panels contain valuable materials and potential hazards. Thermal and mechanical processing techniques can recover metals, while national regulations and Extended Producer Responsibility (EPR) programs ensure compliance and encourage manufacturers to manage end-of-life disposal. International collaborations, such as those led by the International Renewable Energy Agency (IRENA), aim to establish global guidelines for responsible disposal. Innovations in recycling technologies and adherence to circular economy principles, emphasizing design for recyclability, are key components of sustainable waste management. Educational initiatives and certification programs further enhance awareness and ensure environmentally sound practices in handling solar panel waste, contributing to the long-term viability of solar energy as a clean power source. In India, the Ministry of Environment, Forest and Climate Change added solar waste management to the E-Waste (Management) Rules, 2022. [19]
The global community is increasingly recognizing the urgency of addressing waste-related issues, particularly in the context of climate change and biodiversity loss. As countries work towards their nationally determined contributions (NDCs) to combat climate change, waste reduction and sustainable waste management are becoming integral components of these strategies.
Moreover, the private sector is playing an increasingly prominent role through initiatives like the Circular Economy Action Plan in the European Union, which emphasizes designing products for reuse, repair, and recycling, thus reducing overall waste generation and promoting a more sustainable approach to resource use.
THE WAY FORWARD
International agreements on waste reduction and sustainable development are critical tools for addressing the environmental impacts of waste on a global scale. From the early days of the Basel Convention to more recent amendments targeting plastic waste, these agreements reflect the evolving understanding of the interconnectedness of environmental issues and the need for collaborative solutions.
While progress has been made, challenges persist, including issues of enforcement, capacity building in developing nations, and the emergence of new waste-related threats. The Polluter Pays Principle continues to guide environmental policy, encouraging the internalization of costs and promoting responsible production and consumption.
Looking ahead, the development of a Global Pact for the Environment and continued efforts to strengthen existing agreements signal a commitment to addressing the complexities of waste management in the context of broader sustainable development goals. As the world seeks more integrated and comprehensive approaches to environmental issues, these international agreements will play a central role in shaping a sustainable future.
[1] UN General Assembly, Protection of global climate for present and future generations of mankind : resolution / adopted by the General Assembly, 6 December 1988, A/RES/43/53.
[2] UN Commission on Human Rights, Movement and dumping of toxic and dangerous products and wastes., 5 March 1991, E/CN.4/RES/1991/47.
[3] UN Human Rights Council, Report of the Special Rapporteur on the Adverse Effects of the Illicit Movement and Dumping of Toxic and Dangerous Products and Wastes on the Enjoyment of Human Rights, Okechukwu Ibeanu, 13 August 2008, A/HRC/9/22.
[5] UN Commission on Human Rights, Adverse effects of the illicit movement and dumping of toxic and dangerous products and wastes on the enjoyment of human rights, 15 February 2005, E/CN.4/2005/44.
[6] United Nations Environment Programme, document UNEP(DTIE)/Hg/CONF/4.
[7] UN General Assembly, Transforming our world: the 2030 Agenda for Sustainable Development, 21 October 2015, A/RES/70/1.
[14] International Convention for the Control and Management of Ship's Ballast Water and Sediments, 2004.
[15] Hong Kong International Convention for the Safe and Environmentally Sound Recycling of Ships, 2009.
[16] Resolution 72/277 entitled “Towards a Global Pact for the Environment” adopted by UN General Assembly, on 10 May 2018.
[17] Yearbook of the International Law Commission 2001, Vol. 2, UN Doc. A/CN.4/SER.A/2001/Add. 1 (Part 2), 315 -316 referring to the case of the ICJ of Certain Phosphate Lands in Nauru (Nauru/Australia, Preliminary Objections [1992] ICJ Reports 92, 240) where the Court left it open whether Australia would have pay full reparation for injury it allegedly caused together with two other states (ibid. p. 262, para. 56).
[18] Guidelines for National Waste Management Strategies: Moving from Challenges to Opportunities, UNEP, 2013.
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