Editorial note

In 1999, pursuant to Article 12 of the 1989 Basel Convention, parties adopted the Protocol on Liability and Compensation for Damage Resulting from Transboundary Movements of Hazardous Wastes and Their Disposal. The Protocol will establish a comprehensive regime for liability and for adequate and prompt compensation for damage (including damage to persons and property and loss of income deriving from an economic interest in the environment, costs of measures reinstating the impaired environment, and preventive measures (Article 1)). Any person who is in operational control of the wastes must take all reasonable measures to mitigate damage arising from an incident (Article 6).

The Protocol applies to damage due to an incident occurring during a transboundary movement, including illegal traffic and in respect of re-import, ‘from the point where the wastes are loaded on the means of transport in an area under the national jurisdiction of the state of export’ (Article 3(1) and (4)). Its application is subject to certain other exclusions (Article 3(6)(a) and (b) and (7) and (8)). It covers all damage suffered in an area under the national jurisdiction of a party, but only damage to persons and property and preventive measures in areas beyond national jurisdiction, and provides particular rules where the state of import, but not the state of export, is a party to the Protocol (Article 3(3)(a), (b) and (c)). Special provision is made for damage to states of transit (Article 3(3)(d) and Annex A).