E-Waste: The New Face of Transboundary Pollution

摘要

E-waste is a growing problem and is likely to continue growing for the foreseeable future as technological advances continue to increase the rapid obsolescence of elec- tronic products. The United States is the largest producer and consumer of electronic products and, consequently, the largest generator of E-waste. The problems generated by the I E-waste crisis cannot effectively be addressed without the cooperation of the United States. The current regulatory structure of the United States does not effectively deal with the problems associated with the management and disposal of electronic waste. With its exemptions for recycling purposes, which often result in the scrapping of E-waste rather than the recovery of usable products, the lack of regulatory oversight for hazardous materials shipped overseas, and the disparity in waste disposal costs at both domestic and international levels, U.S. regulations are ineffective in preventing harm to less developed countries caused by its exports of hazardous wastes. Although it may be economically expedient for the United States to shift the burden of environmental, health, and social impacts associated with E-waste to less developed countries, the United States has an obligation under international law to deal with its waste in a manner that does not cause harm to less developed countries. Further, as a signatory of the Basel Convention, the United States has an obligation not to undermine the goals of the treaty. Formal U.S. ratification and implementation of the Basel Convention and adoption of stringent export controls would be a step in the right direction of protecting less developed countries from harms associated with E-waste exports but may not be enough. The continuing generation of hazardous materials is the core of the problem and it certainly requires a different approach: the development and implementation of cleaner production technologies. The ultimate goal of eliminating hazardous substances requires a substantial change in manufacturing practices, which is unlikely to be achieved in the United States without a serious commitment to the principle of EPR. It is time for the United States to face up to its responsibilities under international law and as a world leader. It is tune for the United States to set an example that the rest of the world can respect, live with, and live up to.