Ban Amendment - Revision history

Angelo Godbey: /* What is the Ban Amendment? */

2019-12-05T00:03:51Z

What is the Ban Amendment?

Angelo Godbey: /* Links: */

2019-12-05T00:01:22Z

Links:

Angelo Godbey at 23:57, 4 December 2019

2019-12-04T23:57:29Z

Angelo Godbey at 23:57, 4 December 2019

2019-12-04T23:57:15Z

Angelo Godbey at 23:56, 4 December 2019

2019-12-04T23:56:20Z

Angelo Godbey at 23:55, 4 December 2019

2019-12-04T23:55:15Z

Angelo Godbey at 03:12, 9 September 2019

2019-09-09T03:12:47Z

Variousdinosaurs at 19:51, 12 October 2015

2015-10-12T19:51:28Z

Variousdinosaurs at 19:46, 12 October 2015

2015-10-12T19:46:46Z

Variousdinosaurs at 17:22, 12 October 2015

2015-10-12T17:22:59Z

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 As of September 6, 2019, with the ratification of Croatia, the Convention achieved this goal. In accordance with the 90-day waiting period stipulated in the Convention, the Basel Ban Amendment entered into force on December 5, 2019.
 The Basel Action Network is dedicated to preserving and implementing the Basel Convention and the Basel Ban Amendment.
 For further information about the Ban Amendment in general read "[http://wiki.ban.org/images/4/4e/BAN_IPEN_Basel_Ban_Amend_Guide_Nov2019.pdf The Guide to the Basel Ban Amendment]".

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 [[Decision II/12|Text II/12]] (Banning Exports of Hazardous Wastes from OECD to non-OECD Countries)<br/>
 [[Decision III/1|Text III/1]] (Decides to Amend the Basel Convention to Ban Exports from OECD, EU and Lietchenstein to other countries) <br/>
 [[Country Status Overview|Which Parties have Ratified or Implemented the Ban (Country Status)]]<br/>
 [[The Basel Ban Amendment: The First Step Toward Environmentally Sound Management of Hazardous Wastes|The Basel Ban Amendment: The First Step Towards Environmentally Sound Management of Hazardous Wastes]]<br/>

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 For further information about the history of the Basel Ban read the article "[[The Basel Ban: A Triumph Over Business-As-Usual|The Basel Ban: A Triumph over Business-as-Usual]]".
-For further information about the Ban Amendment in general read "[http://wiki.ban.org/images/4/4e/BAN_IPEN_Basel_Ban_Amend_Guide_Nov2019.pdf | The Guide to the Basel Ban Amendment]".
+For further information about the Ban Amendment in general read "[http://wiki.ban.org/images/4/4e/BAN_IPEN_Basel_Ban_Amend_Guide_Nov2019.pdf The Guide to the Basel Ban Amendment]".
 == Status of Ban Amendment ==

@@ Line 17: / Line 17: @@
 For further information about the history of the Basel Ban read the article "[[The Basel Ban: A Triumph Over Business-As-Usual|The Basel Ban: A Triumph over Business-as-Usual]]".
-For further information about the Ban Amendment in general read "[http://wiki.ban.org/images/4/4e/BAN_IPEN_Basel_Ban_Amend_Guide_Nov2019.pdf|The Guide to the Basel Ban Amendment]".
+For further information about the Ban Amendment in general read "[http://wiki.ban.org/images/4/4e/BAN_IPEN_Basel_Ban_Amend_Guide_Nov2019.pdf | The Guide to the Basel Ban Amendment]".
 == Status of Ban Amendment ==

@@ Line 17: / Line 17: @@
 For further information about the history of the Basel Ban read the article "[[The Basel Ban: A Triumph Over Business-As-Usual|The Basel Ban: A Triumph over Business-as-Usual]]".
-For further information about the Ban Amendment in general read "[http://wiki.ban.org/images/4/4e/BAN_IPEN_Basel_Ban_Amend_Guide_Nov2019.pdf%7CBAN|The Guide to the Basel Ban Amendment]".
+For further information about the Ban Amendment in general read "[http://wiki.ban.org/images/4/4e/BAN_IPEN_Basel_Ban_Amend_Guide_Nov2019.pdf|The Guide to the Basel Ban Amendment]".
 == Status of Ban Amendment ==

@@ Line 1: / Line 1: @@
 == What is the Ban Amendment? ==
-Following its adoption in 1989, the Basel Convention was denounced as an instrument that served more to legitimize hazardous waste trade rather than to prohibit what many felt was a criminal activity. The African group of countries, other developing countries and Greenpeace condemned the Convention but continued to work diligently within it to achieve a ban.
+During the negotiations of the Basel Convention, most countries involved were seeking a full prohibition on the export of hazardous wastes from developed to developing countries.  Following its adoption in 1989, the Basel Convention lacking such a ban, was denounced as an instrument that served more to legitimize hazardous waste trade rather than to prohibit what many felt was a criminal activity. The African group of countries, other developing countries and Greenpeace condemned the Convention but they all continued to work diligently to achieve a ban.
+Finally, in 1994, a unique coalition of developing countries, China, and the European Union passed by consensus the first version of the original intent -- the Basel Ban ([[Text II/12|Decision II/12]]).
 This victory for international environmental justice was achieved despite powerful opposition from such countries as the United States, Australia, Germany, Canada, Japan and the United Kingdom.
-The Basel Ban decision effectively banned as of 1 January 1998, all forms of hazardous waste exports from the 29 wealthiest most industrialized countries of the Organization of Economic Cooperation and Development (OECD) to all non-OECD countries. For a recent list of countries belonging to the OECD and the Basel Convention (see the [[Country_Status|Country Status page]]).
+The Basel Ban decision effectively banned as of 1 January 1998, all forms of hazardous waste exports from the 29 wealthiest most industrialized countries of the Organization of Economic Cooperation and Development (OECD) to all non-OECD countries. For a recent list of countries belonging to the OECD and the Basel Convention (see the [[Country_Status|Country Status]] page).
-Following this landmark agreement however, opponents of the ban argued that the 1994 decision was not legally binding unless it actually became part of the Basel Convention through amendment. Thus, in 1995, the ban decision had to be fought and won again despite massive, and renewed opposition from such countries as the United States, South Korea, Australia and Canada and this time a very vocal industrial lobby. The second decision to amend the Convention ([[Decision III/1|Decision III/1]]) was also passed by a consensus of the Basel Convention Parties.
+Following this landmark agreement however, opponents of the ban argued that the 1994 decision was not legally binding unless it actually became part of the Basel Convention through amendment. Thus, in 1995, the ban decision had to be fought and won again despite massive, and renewed opposition from such countries as the United States, South Korea, Australia and Canada and this time a very vocal industrial lobby. The second ban decision to amend the Convention ([[Decision III/1|Decision III/1]]) to include a ban in the actual text of the treaty was also passed by a consensus of the Basel Convention Parties.
-Unfortunately, for the many years that followed the Basel Ban came under serious attack.  The most serious effort was the claim that the text of the Convention regarding entry into force of amendments was ambiguous and detractors of the Ban argued that the Convention should resolve the matter by using a current time approach which would have required 3/4 of the current number of Parties rather than than the number that was present and voting at the time of its adoption (1995).  This battle was fought out and resolved by a diplomatic settlement process known as the Country Led Initiative which culminated at COP10 in 2010.  There the entry into force was decided in favor of the fixed time approach and the number of Parties needed set at 66 of those present and voting in 1995. (see [[Country_Status|Country Status]]).
+Unfortunately, in the many years that followed the Basel Ban came under serious attack on many fronts. The most serious effort was the claim that the text of the Convention regarding entry into force of amendments (Article 17) was ambiguous.  Detractors of the Ban argued that the Convention should resolve the ambiguity as to how many and which Parties were needed to adopt an amendment by using a "current time approach" which would have required 3/4 of the current number of Parties rather than the number of Parties that were present and voting ("fixed time approach") at the time of its adoption (1995). This battle was fought out and resolved by a diplomatic settlement process created by Indonesia and Switzerland and known as the Country Led Initiative.  This effort in a decision made at COP10 in 2010. There the entry into force was decided in favor of the "fixed time approach" and the number of Parties needed set at 66 of those present and voting in 1995.
-As of September 6, 2019, with the ratification of Croatia, the Convention has achieved this goal.  In accordance with the 90-day waiting period stipulated in the Convention, the Basel Ban Amendment should enter into force on December 5, 2019.
+As of September 6, 2019, with the ratification of Croatia, the Convention achieved this goal. In accordance with the 90-day waiting period stipulated in the Convention, the Basel Ban Amendment entered into force on December 5, 2019.
-The Basel Action Network is dedicated to preserving and implementing the Basel Ban.
+For further information about the history of the Basel Ban read the article "[[The Basel Ban: A Triumph Over Business-As-Usual|The Basel Ban: A Triumph over Business-as-Usual]]".
-For further information about the history of the Basel Ban read the article "[[The Basel Ban: A Triumph Over Business-As-Usual|The Basel Ban: A Triumph over Business-as-Usual]]".
+For further information about the Ban Amendment in general read "[http://wiki.ban.org/images/4/4e/BAN_IPEN_Basel_Ban_Amend_Guide_Nov2019.pdf%7CBAN|The Guide to the Basel Ban Amendment]".
 == Status of Ban Amendment ==
-:''For current status of the Ban Amendment please see the [[Country_Status|Country Status]] page.''
+:"For current status of the Ban Amendment ratifications please see the BAN's [[Country_Status|Country Status]] page."
 == Links:==

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-'''What is the Ban Amendment?'''
+== What is the Ban Amendment? ==
 Following its adoption in 1989, the Basel Convention was denounced as an instrument that served more to legitimize hazardous waste trade rather than to prohibit what many felt was a criminal activity. The African group of countries, other developing countries and Greenpeace condemned the Convention but continued to work diligently within it to achieve a ban.
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 For further information about the history and current status of the Basel Ban read the article "[[The Basel Ban: A Triumph Over Business-As-Usual|The Basel Ban: A Triumph over Business-as-Usual]]".
-'''Status of Ban Amendment'''
+== Status of Ban Amendment ==
-'''Links:'''
 [[A Victory for Environment and Justice: The Basel Ban and How it Happened|A Victory for Environment and Justice: The Basel Ban and How it Happened]]<br/>
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 &larr; [[Treaties and International Agreements]]

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 This victory for international environmental justice was achieved despite powerful opposition from such countries as the United States, Australia, Germany, Canada, Japan and the United Kingdom.
-The Basel Ban decision effectively banned as of 1 January 1998, all forms of hazardous waste exports from the 29 wealthiest most industrialized countries of the Organization of Economic Cooperation and Development (OECD) to all non-OECD countries. For a list of countries belonging to the OECD and the Basel Convention (see the [[Country Status#Basel Convention and Basel Ban Country Status Table|Country Status table]]).
+The Basel Ban decision effectively banned as of 1 January 1998, all forms of hazardous waste exports from the 29 wealthiest most industrialized countries of the Organization of Economic Cooperation and Development (OECD) to all non-OECD countries. For a list of countries belonging to the OECD and the Basel Convention (see the [[Country_Status|Country Status page]]).
 Following this decision, opponents of the ban argued that the 1994 decision was not legally binding unless it became part of the Basel Convention through amendment. Thus in 1995 the ban decision had to be fought and won again despite massive opposition from such countries as the United States, South Korea, Australia and Canada and a very vocal industrial lobby. The second decision to amend the Convention ([[Decision III/1|Decision III/1]]) was also passed by a consensus of the Basel Convention Parties.
-Unfortunately,the Basel Ban is still under serious attack and needs to be vigilantly protected against further efforts at sabotage (see [[Issues for COP4|Issues for COP4]] and [[Toxic Trade News|Basel Action News]]) primarily by the United States, Australia, Canada and such industrial lobby groups as the United States Chamber of Commerce, and the International Chamber of Commerce. Further, in order for the amendment to enter the force of law it will need to be ratified by 62 of the Basel Parties (see [[Deposit Box|Deposit Box]]). The Basel Action Network is dedicated to preserving and implementing the Basel Ban.
+Unfortunately,the Basel Ban is still under serious attack and needs to be vigilantly protected against further efforts at sabotage (see [[Issues for COP4|Issues for COP4]] and [[Toxic Trade News|Basel Action News]]) primarily by the United States, Australia, Canada and such industrial lobby groups as the United States Chamber of Commerce, and the International Chamber of Commerce. Further, in order for the amendment to enter the force of law it will need to be ratified by 62 of the Basel Parties (see [[Country_Status|Country Status]]). The Basel Action Network is dedicated to preserving and implementing the Basel Ban.
 For further information about the history and current status of the Basel Ban read the article "[[The Basel Ban: A Triumph Over Business-As-Usual|The Basel Ban: A Triumph over Business-as-Usual]]".

← Older revision		Revision as of 17:22, 12 October 2015
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	For further information about the history and current status of the Basel Ban read the article "[[The Basel Ban: A Triumph Over Business-As-Usual\|The Basel Ban: A Triumph over Business-as-Usual]]".		For further information about the history and current status of the Basel Ban read the article "[[The Basel Ban: A Triumph Over Business-As-Usual\|The Basel Ban: A Triumph over Business-as-Usual]]".
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		+	'''Status of Ban Amendment'''
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	'''Links:'''		'''Links:'''