Transboundary Movement of Waste of Electrical and Electronic Equipment: The Problem of Illegal Environmental Dumping from an EU and South African Perspective

Abstract

In recent decades, it has become increasingly apparent that the unbridled generation of waste and the subsequent lack of proper treatment of the resulting waste is developing into one of the most pressing environmental problems. Two types of waste in particular stand out due to their quantity and their high potential for causing harm to the environment and human beings if not treated professionally: Plastic Waste and Waste of Electrical and Electronic Equipment (WEEE). In the case of WEEE, an interplay of several factors results in this waste continually finds its way from industrialised countries to developing or least developed countries, despite existing global multilateral agreements and domestic trade restrictions to the contrary. The underlying problem of this practice can be defined as illegal environmental dumping.

This paper sheds light on the problem of illegal environmetal dumping by critically reviewing the existing trade restrictions and their legal basis through a legal comparison between the the legislation of the European Union and South Africa.

Keywords: international trade law; environmental law; illegal environmental dumping; transboundary movement of waste; Waste of Electrical and Electronic Equipment; WEEE; European Union; South Africa