Topics in Brief

• Author: International Law Group

Landmark protocol on damages for hazardous waste spills is open for signature

The Parties to the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and Their Disposal [28 I.L.M. 657 (1989)] have approved a Protocol on Liability and Compensation. The EU and 139 nations [not including the U.S.] have ratified the main Convention which entered into force on May 5, 1992. Article 6 of the main Convention requires that contracting states or their waste exporters notify interested governments about proposed shipments. Under the Protocol, persons who comply with Article 6 are exposed to potential liability for spill damages until the disposer gets possession of the waste. The Protocol also imposes liability for a spill caused by failure to comply with the Convention or by any person's wrongful, intentional, reckless or negligent behavior. In addition, the Protocol imposes insurance requirements on shippers of waste. Depending on the quantity of waste involved, minimum damages may range from $1,380,000 to $41,400,000. The Protocol is said to create the first legally binding machinery on damages in the international environmental field. Ratification by twenty countries will bring it into force. Citation: BNA Daily Environmental Law Report, Vol. 23, No. 6, Wed. March 15, 2000 at 225; Byline of Mr. Daniel Pruzin [For texts and background, see http://www.basel.int].

U S. eliminates sanctions against Niger

On February 23, 2000, U.S. Secretary of State Albright signed a determination that Niger has established a democratically elected government. Therefore, Section 508 of the Foreign Operations, Export Financing and Related Programs Appropriation Act (110 Stat. 3009-166 to 3009-167) no longer bars bilateral aid to...