Basel Convention on the Control of Transboundary Movements

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(d) Wholly the result of the wrongful intentional conduct of a third party, including the person who suffered the damage. 6. If two or more persons are liable according to this Article, the claimant shall have the right to seek full compensation for the damage from any or all of the persons liable. ARTICLE 5 Fault-based liability Without prejudice to Article 4, any person shall be liable for damage caused or contributed to by his lack of compliance with the provisions implementing the <strong>Convention</strong> or by his wrongful intentional, reckless or negligent acts or omissions. This Article shall not affect the domestic law of the Contracting Parties governing liability of servants and agents. ARTICLE 6 Preventive measures 1. Subject to any requirement of domestic law any person in operational control of hazardous wastes and other wastes at the time of an incident shall take all reasonable measures to mitigate damage arising therefrom. 2. Notwithstanding any other provision in the Protocol, any person in possession and/or control of hazardous wastes and other wastes for the sole purpose of taking preventive measures, provided that this person acted reasonably and in accordance with any domestic law regarding preventive measures, is not thereby subject to liability under the Protocol. | 105
ARTICLE 7 Combined cause of the damage 1. Where damage is caused by wastes covered by the Protocol and wastes not covered by the Protocol, a person otherwise liable shall only be liable according to the Protocol in proportion to the contribution made by the wastes covered by the Protocol to the damage. 2. The proportion of the contribution to the damage of the wastes referred to in paragraph 1 shall be determined with regard to the volume and properties of the wastes involved, and the type of damage occurring. 3. In respect of damage where it is not possible to distinguish between the contribution made by wastes covered by the Protocol and wastes not covered by the Protocol, all damage shall be considered to be covered by the Protocol. ARTICLE 8 Right of recourse 1. Any person liable under the Protocol shall be entitled to a right of recourse in accordance with the rules of procedure of the competent court: | 106 (a) Against any other person also liable under the Protocol; and (b) As expressly provided for in contractual arrangements. 2. Nothing in the Protocol shall prejudice any rights of recourse to which the person liable might be entitled pursuant to the law of the competent court.
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BASEL CONVENTION ON THE CONTROL OF
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TABLE OF CONTENTS Introduction 5 <s
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(“the Ban Amendment”) was adopt
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COP 6 also established a partnershi
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Waste minimization undoubtedly lead
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eduction of their generation to a m
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Recognizing that in the case of a m
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4. Wastes which derive from the nor
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13. “States concerned” means Pa
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ARTICLE 43 ARTICLE 4 GENERAL OBLIGA
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(f) Require that information about
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(b) The wastes in question are requ
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the movement, or requesting additio
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9. The Parties shall require that e
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(e) that results in deliberate disp
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low-waste technologies and the impr
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ARTICLE 13 TRANSMISSION OF INFORMAT
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(f) Information on accidents occurr
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5. The Conference of the Parties sh
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(e) To communicate with focal point
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ARTICLE 17 AMENDMENT OF THE CONVENT
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(a) Annexes to this Convent
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Party accepting the same obligation
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ARTICLE 24 RIGHT TO VOTE 1. Except
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ARTICLE 29 AUTHENTIC TEXTS The orig
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ANNEX I CATEGORIES OF WASTES TO BE
Page 55 and 56: | 54 Y38 Organic cyanides Y39 Pheno
Page 57 and 58: ANNEX III LIST OF HAZARDOUS CHARACT
Page 59 and 60: UN Class 5 Code Characteristics 6.1
Page 61 and 62: ANNEX IV DISPOSAL OPERATIONS A. OPE
Page 63 and 64: R12 Exchange of wastes for submissi
Page 65 and 66: 13. Designation and physical descri
Page 67 and 68: ANNEX V B INFORMATION TO BE PROVIDE
Page 69 and 70: ANNEX VI ARBITRATION ARTICLE 1 Unle
Page 71 and 72: ARTICLE 7 The tribunal may hear and
Page 73 and 74: ANNEX VIII 7 LIST A Wastes containe
Page 75 and 76: A1120 Waste sludges, excluding anod
Page 77 and 78: A3060 Waste nitrocellulose A3070 Wa
Page 79 and 80: | 78 A4040 Wastes from the manufact
Page 81 and 82: ANNEX IX 16 LIST B Wastes contained
Page 83 and 84: | 82 B1060 Waste selenium and tellu
Page 85 and 86: | 84 B1120 Spent catalysts excludin
Page 87 and 88: | 86 B2020 Glass waste in non-dispe
Page 89 and 90: B3 WASTES CONTAINING PRINCIPALLY OR
Page 91 and 92: | 90 B3030 Textile wastes The follo
Page 93 and 94: | 92 B3060 Wastes arising from agro
Page 96 and 97: PROTOCOL ON LIABILITY AND COMPENSAT
Page 98 and 99: compensation is available for damag
Page 100 and 101: the same origin that causes damage
Page 102 and 103: (d) Notwithstanding subparagraph (a
Page 104 and 105: shall notify the Secretariat of the
Page 108 and 109: ARTICLE 9 Contributory fault Compen
Page 110 and 111: for amounts not less than the minim
Page 112 and 113: (c) The defendant has his habitual
Page 114 and 115: (d) Where the judgement is contrary
Page 116 and 117: (d) To consider and undertake any a
Page 118 and 119: 3. In their instruments of formal c
Page 120 and 121: ARTICLE 31 Withdrawal 1. At any tim
Page 122 and 123: 28. Samoa 29. Sao Tome and Principe
Page 124: 3. The amounts referred to in parag
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Basel Convention on the Control of Transboundary Movements

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