The United States has separate agreements for the import and export of hazardous wastes with Canada, Mexico, Costa Rica, Malaysia and the Philippines. The Waigani Convention (Convention on the Prohibition of the Import of Hazardous and Radioactive Wastes into the Forum Island States and the Control of the Transboundary Movement and Management of Hazardous Wastes in the South Pacific Region) is one such agreement, which entered into force in October 2001. After the first adoption of the convention, some least developed countries and environmental organizations argued that it does not go far enough. Many nations and NGOs have called for a total ban on the shipment of all hazardous wastes to the least developed countries. In particular, the original convention did not prohibit the export of waste to any place except Antarctica, but simply required a system of notification and consent known as “prior informed consent” or PIC. In addition, many waste distributors have tried to exploit the good reputation of recycling and have begun to justify all exports as offshoring towards recycling targets. Many thought a total ban was needed, including exports for recycling. These concerns have led to several regional bans on waste trade, including the Bamako Convention. Several international agreements can affect the import and export practices of hazardous wastes to the United States.

These include the Basel Accord, the Decision of the Council of the Organisation for Economic Co-operation and Development (OECD) and bilateral agreements between the United States and Canada, Mexico, Costa Rica, Malaysia and the Philippines. The Convention also prohibits shipments of waste between contracting parties to the convention and non-contracting parties, unless such shipments are carried out under a separate agreement. The agreement must provide for an equally robust management structure for transboundary shipments of waste. The first objective is addressed by a series of general provisions which oblige States to respect the fundamental principles of environmentally sound waste management (Article 4). A series of prohibitions aims to achieve the second objective: hazardous wastes cannot be exported to Antarctica, to a State that is not a party to the Basel Convention or to a party that has banned the import of hazardous wastes (Article 4). However, parties may conclude bilateral or multilateral agreements on hazardous waste management with other contracting parties or with non-contracting parties, provided that these agreements are not “less environmentally friendly” than the Basel Convention (Article 11). In all cases where, in principle, transboundary movement is not prohibited, it may only take place if it constitutes an environmentally friendly solution, if the principles of environmentally friendly management and non-discrimination are respected and if they comply with the regulatory system of the Convention. . . .