A Legal Appraisal of the Basel and Bamako Convention (Published)
Due to the increase in technology and industrialization the transboundary movement of hazardous waste has become a progressively advanced phenomenon in developing countries especially Africa. Cases of movement of hazardous waste came to highlight in the 1970s and 1980s. As a result of this, several legal frame work were negotiated to curb the increase this transboundary movement of hazardous waste causes on plant, animals and human environment. This has resulted in negotiation of treaties like the Basel and Bamako Convention to control the movement of waste into developing countries. The aim of this study therefore is to examine the effectiveness of the conventions in developing countries with a view to ascertain if these treaties are effectively implemented and if not, possible ways to make the convention effective. Flowing from the above, the study shows that except these laws are domesticated and ratified into our laws they have no binding effect in Nigeria. As such section 12 of the Nigerian constitution should be reviewed to allow these treaties to be enforced especially as it relates to plant, animal life and human environment. The study has shown that there should be collaboration between policy makers, researchers, the corporate world and civil society, who are in interest/affected in environmental issues in Nigeria, in order to foster dialogue, sharing best practices, sensitizing the civil society on the danger of hazardous or toxic waste, and encourage access to environmental justice and liberalize environmental claim-procedure.
Keywords: Bamako convention, Basel, legal appraisal