40th Session Issues
Convention on Transboundary Movements of Hazardous Waste
INTRODUCTION
Hardly a day passes without the media calling our attention to such diverse issues as the dumping of municipal and industrial wastes in land fills, spillages into major waterways, accidental explosions, acid rain, pollution of beaches with raw sewage and toxic wastes, and the buildup of noxious gases in the air.
Environmental pollution can be classified as biological, chemical or physical. Some sources of pollution are industrial waste, chemicals used in agriculture, nuclear power, combustion engines, and consumer products. Toxins are dumped into waterways, emitted into the air, and transported into other countries. Their effects are hazardous to the inhabitants and sometimes have lethal consequences. "Environmental pollution shows no respect for national boundaries."
Natural Disasters
Natural disasters can affect more than one country. The 1980 eruption of Mount Saint Helens in the United States is an example of the potential for transboundary movement of hazardous material as a result of natural occurrance. This was the first globally monitored natural disaster in history. Gases emitted included sulfur dioxide, and hydrogen sulfide. Although these gases were hazardous, no direct long term health effects were attributed to the explosion.
Accidental Disasters
Accidents frequently cause toxins to be released into the environment. These toxins often then move across national boundaries. In recent years, two incidents which caused hazards of crisis proportions were the accident at the Union Carbide pesticide plant in Bhopal, India, and the Chernobyl nuclear reactor disaster, in the Soviet Union.
On 3 December 1984 the Union Carbide plant emitted 40 tons of deadly gases into the air. The most deadly of these gases was methyl isocynate. The escaping gases killed at least two thousand people (estimates range as high as five thousand), and injured 200,000 people. The potential for transboundary movement existed, and might have occurred but for the fact that Bhopal is located in the central-most part of India.
Another example of an accidental disaster was the meltdown of the Chernobyl nuclear power plant. No reactor accident prior to or since Chernobyl has been as threatening to life. The 26 April 1986 reactor accident caused 100 million curies of radioactive material to be emitted into the environment. The major components of the fallout were Xenon 133, iodine 131, cesium 134, and cesium 137.
Hans Blix, director general of the International Atomic Energy Agency said, "a radioactive cloud doesn't know international boundaries."4 A radioactive plume floated over the continent for three days until it was detected in Sweden. In all, twenty-two countries suffered the effects of Chernobyl radiation.
Acid Rain
The most notorious of transboundary pollutants is acid rain. For more information, see issue on Acid Rain.
Agricultural Activities
Pesticides are an essential part of modern agriculture. Most industrialized nations have already banned some of the more harmful pesticides, such as DDT, Endrin, and Dieldrin. Developing nations continue to grow fruits and vegetables with the aid of highly toxic pesticides. Many of these products are exported.
Consumer Products
A prime example of consumer products which contain potentially hazardous pollutants are those which contain chlorofluorocarbons (CFC's). They can give rise to global environmental health problems. CFC's in aerosal form have been banned in North America. However, they are still being used in all other forms in most of the rest of the world. CFC's are airborne, and their cumulative effects impact the entire world. Scientists attribute the hole in the ozone layer, at least in part, to the use of CFCs. (See issue on the Ozone Layer)
Polluted Waterways
In Schwerzerholle, Switzerland, a warehouse that stored 1,200 tons of deadly agricultural chemicals caught on fire. Fireman mistakenly washed some of the chemicals into the Rhine River which flows through several countries. Scientists have estimated that about 30 tons of chemicals washed into the river, forming a 35 mile long trail that moved at 2 mph. The chemicals were herbicides, pesticides and fertilizers, as well as 4,000 pounds of toxic mercury. These chemicals killed a majority of the flora and fauna of the river. The pesticides' impact on crops and wildlife was felt the entire length of the river.
Additional threats to waterways are posed by the dumping of raw sewage and toxic wastes into oceans, rivers and lakes. Transit in toxic materials using waterways also creates the potential for accidental spills. In recent months an overwhelming threat to the ecology has been posed by oil spills. Had the Valdez Tanker run aground in the English Channel its impact would have been felt by several nations.
Nuclear Power
Nuclear power supplies 13 percent of the world's power estimated in 1984.6 Nuclear engineers have been enticed by the exciting challenge of improving and developing this new technology. They have yet to focus their attention and efforts on proper elimination and storage of waste products and spent fuel.
This problem will demand more immediate attention since a majority of nuclear reactors are nearing retirement age (usually about 30 years). None of the 26 countries currently relying on nuclear power are adequately prepared to deal with the undertaking of shutting down reactors or closing plants. When a reactor is retired, the spent fuel is reprocessed, and the reactor undergoes a decommissioning process in which the equipment is cleaned and low level radioactive materials are disposed of. With the impending closure of these retiring nuclear plants, countries will need to devote more of their resources to the management of such toxic waste.
Until 1970 the U.S. and many other countries discarded their low-level wastes into the oceans. Belgium, Japan, Netherlands, and Switzerland and the United Kingdom continued dumping into the seas until 1983. Seven European Nations and Japan send their spent fuels to the reprocessing plants British Sellafield, French Marcoule, and La Hague Facilities. These plants reprocess spent fuel and ship it back with a lower level of radioactivity. The reprocessing plant in the U.K. continues to release 1.2 million gallons of low level radioactive materials into the ocean daily.
Developing new technology and formulating proper regulations and guidelines for the safe handling, transporting and disposing of radioactive wastes is a major undertaking that must be addressed soon for the safety of the nuclear power nations and the nations which surround them. "Most nations which have decided to use nuclear power have shirked off the responsibility of safely managing associated wastes."
TOXIC DUMPING
In recent years, industrialized countries have begun running out of economical means of disposing of industrial and municipal wastes. They are finding it financially attractive to ship them to developing countries.
The dumping of toxins and toxic waste in the developing world has become asensitive political issue. "There's a great deal of sensitivity when industrial countries send their wastes to countries that lack the technology and infrastructure to accept and treat it," according to an official of the U.S. Environmental Protection Agency.
Toxic waste has been dumped in several African countries and in waters close to them. At least 10 African countries have been indentified as dump sites for toxic wastes.
Benin, Congo, Equitorial Guinea, Gabon, Guinea Bissau, Morocco, Nigeria, Senegal, South Africa, Zimbabwe.
Oumarov Youssoufou, the Organization of African Unity's Ambassador to the United Nations says, "We are developing countries. We do not have industries, and we know very little about these toxic wastes. Some unscrupulous ... businessmen have taken advantage of our ignorance."
THE ROLE OF THE UNITED NATIONS
United Nations agencies have spent thousands of hours reviewing the environmental problems facing the world. They have passed resolutions, held conferences and conventions on current environmental issues, as well as developed numerous, data-filled reports. Important results of their efforts have included the 1979 Convention on Long Range Transboundary Air Pollution, and its Co-Operative Programme for the Monitoring and Evaluation of Long Range Transmission of Air Pollutants (EMEP). In addition, in 1985 the UNEP sponsored a conference which resulted in the Cairo Guidelines and Principles for the environmentally sound management of hazardous wastes (UNEP/GC.141, 17, annex. II), and in conjunction with the World Industry Conference on Environmental Management met to discuss other related critical concerns.
As a result of accidental disasters such as Chernobyl, the International Atomic Energy Agency and the World Health Organization have issued reports on the effects of nuclear power plant meltdowns. Partly as a result of delayed notification about the Chernobyl disaster, it was three days until Swedish scientists detected the "fallout," the U.N. proposed the Convention on Early Notification of a Nuclear Accident. The Convention on Assistance in Case of a Nuclear Accident or Radiological Emergency (43/441) was born of the same spirit.
The United Nations is beginning to take a role in response to Acid Rain. For further discussion of this topic see issue on Acid Rain.
The impact of pesticides and other toxic chemicals has been discussed by the WHO and UNEP. The World Health Organization adopted Evaluation of the Effects of Chemicals on Health, International Programme on Chemical Safety (WHA30.47 & WHA31.28) as an attempt to deal with the threat to human health.
Consumer Products that contain CFC's have also been discussed by WHO and the UNEP. Both have completed extensive reports on this issue and have issued resolutions. The resolution, "Protection Against Products Harmful to Health and the Environment" (39/229, 1984) was adopted in response. They also held the Vienna Convention to protect the ozone layer (see chapter on the ozone layer).
The United Nations has discussed the issue of nuclear power in many of its bodies. Reports have been made by the IAEA, WHO and the UNEP. Resolutions that deal with nuclear power are, "Traffic in Toxic and Dangerous Products and Wastes (42/183), and International Cooperation in the Field of the Environment (42/184).
The dumping of toxic wastes in developing countries is an important issue. The Second Committee's resolution 43/212, adopted by the General Assembly, condemns this practice and proclaims that it is the responsibility of all states to protect the environment. The resolution also addresses prevention of illegal international traffic in, the dumping of, and resulting accumulation of toxic and dangerous products and wastes affecting the developing countries in particular.
Suggestions
As you draft a convention dealing with control of transboundary movement of toxic and hazardous waste refer to the information reported by the following agencies and committees:
- Food and Agriculture Organization (FAO)
- International Atomic Energy Agency (IAEA)
- International Commission on Radiological Protection
- International Programme on Chemical Safety
- Organization for Economic Cooperation and Development
- United Nations Environment Programme (UNEP)
- United Nations Scientific Committee (UNSC)
- World Health Organization (WHO)
- International Labor Organization (ILO)
Your task is to draft a convention. It may prove useful to see Draft Convention on International Bills of Exchange and International Promissary Notes. (see annex 43/165) This will give you an example of a convention and a guide to follow. In addition, there will be discussion at each regional of the unique opportunity this committee has to draft a new international law. Special emphasis will be placed on how to accomplish this goal.
SOURCES
- Kristen Helmore, "Dumping on Africa: West Exports its Industrial Wastes," Christian Science Monitor, July 1, 1988.
- Frank Von Hippel and Thomas B. Cochran, "Chernobyl: The Emerging Story," Bulletin of Atomic Scientist, August/September 1986.
- Jennifer B. Hull, et. al., "A Proud River Runs Red," Time, November 24, 1986.
- Jodi L. Jacobsen, "Environmental Refugees: A Yardstick of Habitability," World Watch Papers, November 1988.
- Holman Jenkins Jr., "Coping with Nuclear Nightmare," Insight, March 7, 1988.
- Dermont A. O'Sullivan, "European Concern About Acid Rain Is Growing," C&EN, London, March 27, 1989.
- Cynthia Pollock, "Decommissioning Nuclear Power's Missing Link," World Watch Paper 69, April 1986.
- Sandra Postel, "Defusing the Toxic Threat: Controlling Pesticides and Industrial Wastes," World Watch Papers 79, September 1987.
- Emmanuel Somers, "Transboundary Pollution and Environmental Health," Environment, Vol 29, No. 5, June 1987.
- William Tuohy, "100 Nations Striving to Agree on Pact to Curb Toxic Waste Exports," L.A. Times, Wednesday, March 22, 1989.
- "Union Carbide and the Devastation of Bophal" Multinational Monitor, April 1987, pp 6-8.
- International Treaty on Hazardous Waste Shipments, News Digest, March 1989.
- "Koko's Radioactive Waste," West Africa Magazine, August 1988
- "International Survey," Atomic Industrial Forum (AIF), Bethesda, Md., April 17, 1985.
- World List of Nuclear Power Plants, Nuclear News, February 1986.
- "The Dumping Grounds," The Third World Magazine, August 1988.