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5 - Hazardous and Radioactive Substances and Wastes

Published online by Cambridge University Press:  19 September 2025

Elli Louka
Affiliation:
Law In Action
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Summary

Chapter 5 examines the regimes for the international trade in dangerous chemicals and in hazardous and radioactive wastes. Wastes are not prima facie a global common resource but rather a negative resource produced by industries and households. Wastes are usually viewed as a burden, an externality, and the question has been how to share the costs associated with such an externality. In the late 1980s, the not-in-my-back-yard (NIMBY) syndrome in the developed world drove up waste disposal costs, which, in turn, motivated states and waste generators to find cheaper disposal options in the developing world. As a result, wastes were transferred to states with no infrastructure to deal with them. The outcry generated by such transfers led to the adoption of an international regime based on the forced enclosure of wastes according to the principles of self-sufficiency and proximity. This forced enclosure has been contributing to illegal waste trade conducted by criminal networks. Other issues that we examine in this chapter are the legality of nuclear weapons testing, the international regulation of nuclear power plants, and the international response to nuclear accidents.

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