A legal framework for the transboundary movement of hazardous waste in South Africa and Lesotho

Abstract

The transboundary movement of hazardous waste is a perceptibly dangerous activity which poses significant risks to the environment, as well as human health and well-being. Accordingly, it is imperative that hazardous waste should be regulated during all phases of its movement with a view to ensure that it is transported, handled and disposed of in an environmentally sound manner. This dissertation examines that legal framework pertaining to the transboundary movement of hazardous waste in South Africa and Lesotho, and considers the international-, regional-, sub-regional- and domestic legal rules applicable to such movement. It notes the fragmented and incoherent fashion in which the movement of hazardous waste is presently regulated in South Africa and Lesotho. It furthermore notes the practical predicaments of the international- and regional legal frameworks, with particular reference to its enforcement against legal subjects other than states (companies or individuals). It is furthermore evident from an analysis of the domestic legal regimes in South Africa and Lesotho that the international enforcement of domestic judgments might be problematic, and in this regard, the author advances some proposals to cater for the international efficacy of domestic judgments.