efforts, ESM is currently not only a policy objective or a treaty obligation exclusively related to transboundary movements of wastes. In fact, several States have
included the ESM of wastes as an obligation in national waste legislation, including
for instance: Chile, Mexico, India, South Africa.
26 At the EU level, article 13 of the
Waste Framework Directive 2008/98/EC provides for a general obligation that
requires States to take “measures to ensure that waste management is carried out
without endangering human health, without harming the environment.” This obligation corresponds almost verbatim to the definition of the ESM of wastes as defined
by, for instance, the Organization for Economic Co-operation and Development
(OECD)
27 and the Basel Convention. The incorporation of ESM in national legislation is not only included in framework or general waste legislation, but also in
varied range of norms, e.g., legislation dealing with particular waste streams or
particular constituents. For instance, India has incorporated the ESM of wastes as a
general obligation to deal with e-waste.
28 Some States—such as Austria, Brazil,
Canada, Finland, Germany, Japan, and United States of America—have adopted
legislation dealing with the ESM of waste containing or contaminated with persistent
organic pollutants (POPs).
29
Additionally, the OECD and the COP to the Basel Convention have devoted
much effort in developing a framework for the common understanding of ESM of
wastes in general.
30 The ‘core meaning’ of ESM relates to the life-cycle approach
towards wastes, i.e., prevention; reduction; re-use; recycling; recovery; disposal by
incineration; and finally landfilling. According to the Framework for the Environmentally Sound Management of Hazardous Wastes and Other Wastes, several
elements contribute to a common understanding of ESM. These include:
(a) infrastructure; (b) development and implementation of the best available techniques and best environmental practices; (c) legal regulations ranging from licensing
to the establishment of sanctions and liability schemes; (d) financial and
non-financial incentives; (e) involvement of stakeholders; and (f) research and
innovation.
From the development of this common understanding of ESM, what should be
acknowledged is the continuous effort of the COP to the Basel Convention to adopt
26 A summary of national legislation regarding wastes can be found at www.basel.int/Countries/
NationalLegislation/tabid/1420/Default.aspx, visited on 26 September, 2018.
27 The OECD working definition of ESM is: “a scheme for ensuring that wastes and used and scrap
materials are managed in a manner that will save natural resources, and protect human health and
the environment against adverse effects that may result from such wastes and materials.” OECD:
Guidance Manual on Environmentally Sound Management of Waste (2007), p. 8.
28 See Article 3(o) of the E-Waste Management Rules (2016). Available at www.basel.int/Coun
tries/NationalLegislation/tabid/1420/Default.aspx, visited on 26 September, 2018.
29 Secretariat of the Basel Convention: General technical guidelines for the environmentally sound
management of wastes consisting of, containing or contaminated with persistent organic pollutants
(POPs) (2014).
30 OECD: Guidance Manual on Environmentally Sound Management of Waste (2007); UNEP/
CHW.11/3/Add.1/Rev.1. (2013).
Regime Interaction and GAIRS
21
included the ESM of wastes as an obligation in national waste legislation, including
for instance: Chile, Mexico, India, South Africa.
26 At the EU level, article 13 of the
Waste Framework Directive 2008/98/EC provides for a general obligation that
requires States to take “measures to ensure that waste management is carried out
without endangering human health, without harming the environment.” This obligation corresponds almost verbatim to the definition of the ESM of wastes as defined
by, for instance, the Organization for Economic Co-operation and Development
(OECD)
27 and the Basel Convention. The incorporation of ESM in national legislation is not only included in framework or general waste legislation, but also in
varied range of norms, e.g., legislation dealing with particular waste streams or
particular constituents. For instance, India has incorporated the ESM of wastes as a
general obligation to deal with e-waste.
28 Some States—such as Austria, Brazil,
Canada, Finland, Germany, Japan, and United States of America—have adopted
legislation dealing with the ESM of waste containing or contaminated with persistent
organic pollutants (POPs).
29
Additionally, the OECD and the COP to the Basel Convention have devoted
much effort in developing a framework for the common understanding of ESM of
wastes in general.
30 The ‘core meaning’ of ESM relates to the life-cycle approach
towards wastes, i.e., prevention; reduction; re-use; recycling; recovery; disposal by
incineration; and finally landfilling. According to the Framework for the Environmentally Sound Management of Hazardous Wastes and Other Wastes, several
elements contribute to a common understanding of ESM. These include:
(a) infrastructure; (b) development and implementation of the best available techniques and best environmental practices; (c) legal regulations ranging from licensing
to the establishment of sanctions and liability schemes; (d) financial and
non-financial incentives; (e) involvement of stakeholders; and (f) research and
innovation.
From the development of this common understanding of ESM, what should be
acknowledged is the continuous effort of the COP to the Basel Convention to adopt
26 A summary of national legislation regarding wastes can be found at www.basel.int/Countries/
NationalLegislation/tabid/1420/Default.aspx, visited on 26 September, 2018.
27 The OECD working definition of ESM is: “a scheme for ensuring that wastes and used and scrap
materials are managed in a manner that will save natural resources, and protect human health and
the environment against adverse effects that may result from such wastes and materials.” OECD:
Guidance Manual on Environmentally Sound Management of Waste (2007), p. 8.
28 See Article 3(o) of the E-Waste Management Rules (2016). Available at www.basel.int/Coun
tries/NationalLegislation/tabid/1420/Default.aspx, visited on 26 September, 2018.
29 Secretariat of the Basel Convention: General technical guidelines for the environmentally sound
management of wastes consisting of, containing or contaminated with persistent organic pollutants
(POPs) (2014).
30 OECD: Guidance Manual on Environmentally Sound Management of Waste (2007); UNEP/
CHW.11/3/Add.1/Rev.1. (2013).
Regime Interaction and GAIRS
21