Interest approach and principle of transboundary liability in the Basel Convention: Focusing on the international environmental law and governance

摘要

Basel Convention 1989 as one of Multilateral Environmental Agreements (MEAs) focusing on the control of hazardous wastes has incorporated the principle of transboundary liability through interest approach. The principle of transboundary liability plays an essential role in the area of international environmental law and governance. The use of the principle of transboundary liability in the area of international environmental law and governance is largely in respond to the inevitability of every human being around the globe to protect environment from being polluted in their surroundings. As for the Basel Convention is concerned, the Convention created an essential mechanism to protect environment from negative effects of hazardous wastes globally. Therefore, this article examines the used of the principle of transboundary liability in the Basel Convention 1989 with relation to the international environmental law and governance by identifying actions and cases which deal with environmental protection. This article is also identifying the relation between the Basel Convention 1989 which applied the principle of transboundary liability and Rio Declaration as a means to protect global environment through interest approach