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Table of Contents
Preface; Contents; Abbreviations; 1 Introduction; A. The Factual Perspective: Transboundary Movements of Hazardous Wastes by Sea; B. The Legal Perspective: Existing Rules and the 1999 Liability Protocol to the Basel Convention; C. The Structure of This Book; 2 The International Trade in Hazardous Wastes and Its Economic Background; A. Hazardous Wastes: Properties and Economic Importance; I. Sources and Composition of Hazardous Wastes; II. Volumes of Generated Hazardous Wastes; III. Forms of Waste Treatment and Disposal; IV. The Commercial Value of Hazardous Wastes; V. Summary
B. The Transboundary Movement of WastesI. Reasons for the Emergence of Hazardous Waste Movements; II. Quantities and Typical Patterns of Hazardous Wastes Movements; III. The Involvement of Waste Brokers and Waste Dealers; IV. Illegal Traffic and Shipments Off the Official Path; V. Summary; C. The Interests Involved; I. Private Parties; II. State Interests; III. Hazardous Waste Trade as ''Environmental Racism''?; IV. Summary; D. The Risk Potential of Hazardous Waste Movements; 3 The Present Legal Framework; A. The Legal Concept of International Responsibility
I. The Principle of State Responsibility for Internationally Wrongful ActsII. Is There a Need for Autonomous Rules on State Liability for Lawful but Injurious Activities?; 1. ''False Cases of Liability Sine Delicto''; (a) The General Approach; (aa) Obligations of Conduct and Obligations of Result; (bb) Distinction Between Legal Acts and Factual Activities; (cc) Implications for the Application of State Responsibility; (b) Further Enhancements of this Approach; (aa) Equation of Activities and Its Consequences; (bb) A Comprehensive Obligation to Prevent Damage; (c) Summary
2. ''True Cases of Liability Sine Delicto''(a) Explicit Rules of State Liability; (b) Recognition as a General Principle of International Law?; (c) Implications of the Non-existence of a General Principle of State Liability; 3. The Relationship Between Both Concepts; III. The Importance of Civil Liability Conventions; B. The Contribution of the International Law Commission; I. State Responsibility; II. State Liability; C. State Responsibility in the Context of Transboundary Movements of Hazardous Wastes by Sea; I. Explicit Provisions of State Responsibility in International Treaty Law
1. The Basel Convention(a) Article 12; (b) Article 8; (c) Article 9; (d) Summary; 2. Other Conventions Relevant to the Trade in and Transport of Hazardous Wastes; 3. The Law of the Sea Convention (UNCLOS); 4. Other Conventions Relevant to the Protection of the Marine Environment; 5. Summary; II. The Customary Principle of State Responsibility; 1. Act of the State; (a) State Organs and Persons Empowered by the State; (b) Persons in Fact Acting for the State; (c) Conduct Ultra Vires; (d) Interstate Attribution; (e) Persons Solely Acting in Private Capacity; (f) Summary
B. The Transboundary Movement of WastesI. Reasons for the Emergence of Hazardous Waste Movements; II. Quantities and Typical Patterns of Hazardous Wastes Movements; III. The Involvement of Waste Brokers and Waste Dealers; IV. Illegal Traffic and Shipments Off the Official Path; V. Summary; C. The Interests Involved; I. Private Parties; II. State Interests; III. Hazardous Waste Trade as ''Environmental Racism''?; IV. Summary; D. The Risk Potential of Hazardous Waste Movements; 3 The Present Legal Framework; A. The Legal Concept of International Responsibility
I. The Principle of State Responsibility for Internationally Wrongful ActsII. Is There a Need for Autonomous Rules on State Liability for Lawful but Injurious Activities?; 1. ''False Cases of Liability Sine Delicto''; (a) The General Approach; (aa) Obligations of Conduct and Obligations of Result; (bb) Distinction Between Legal Acts and Factual Activities; (cc) Implications for the Application of State Responsibility; (b) Further Enhancements of this Approach; (aa) Equation of Activities and Its Consequences; (bb) A Comprehensive Obligation to Prevent Damage; (c) Summary
2. ''True Cases of Liability Sine Delicto''(a) Explicit Rules of State Liability; (b) Recognition as a General Principle of International Law?; (c) Implications of the Non-existence of a General Principle of State Liability; 3. The Relationship Between Both Concepts; III. The Importance of Civil Liability Conventions; B. The Contribution of the International Law Commission; I. State Responsibility; II. State Liability; C. State Responsibility in the Context of Transboundary Movements of Hazardous Wastes by Sea; I. Explicit Provisions of State Responsibility in International Treaty Law
1. The Basel Convention(a) Article 12; (b) Article 8; (c) Article 9; (d) Summary; 2. Other Conventions Relevant to the Trade in and Transport of Hazardous Wastes; 3. The Law of the Sea Convention (UNCLOS); 4. Other Conventions Relevant to the Protection of the Marine Environment; 5. Summary; II. The Customary Principle of State Responsibility; 1. Act of the State; (a) State Organs and Persons Empowered by the State; (b) Persons in Fact Acting for the State; (c) Conduct Ultra Vires; (d) Interstate Attribution; (e) Persons Solely Acting in Private Capacity; (f) Summary