ABSTRACT
This chapter analyzes traditional principles of transboundary pollution and how them relate to transboundary movements of wastes. The author discusses waste trade as a deliberate transfer of pollution because unlike traditional transboundary pollution, States are not incidentally affected by an activity carried out within the territorial boundaries of other States. Being a deliberate act justifies the implementation of the previous informed consent (PIC) procedure as the cornerstone control mechanism of transboundary movements of wastes. PIC becomes an expression of sovereignty of a state over the use of its territory and resources. This chapter also discusses the main features of the transboundary movement regime at international, i.e., Basel Convention, and regional level, i.e., OECD and EU law. The author examines the principles that govern the transboundary movements of wastes regime, the regulatory system, and the relationship between international and regional legal instruments.
