Basel Convention on the Control of Transboundary Movements

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(c) The defendant has his habitual residence, or has his principal place of business. 2. Each Contracting Party shall ensure that its courts possess the necessary competence to entertain such claims for compensation. ARTICLE 18 Related actions 1. Where related actions are brought in the courts of different Parties, any court other than the court first seized may, while the actions are pending at first instance, stay its proceedings. 2. A court may, on the application of one of the Parties, decline jurisdiction if the law of that court permits the consolidation of related actions and another court has jurisdiction over both actions. 3. For the purpose of this Article, actions are deemed to be related where they are so closely connected that it is expedient to hear and determine them together to avoid the risk of irreconcilable judgements resulting from separate proceedings. ARTICLE 19 Applicable law All matters of substance or procedure regarding claims before the competent court which are not specifically regulated in the Protocol shall be governed by the law of that court including any rules of such law relating to conflict of laws. | 111
ARTICLE 20 Relation between the Protocol and the law of the competent court 1. Subject to paragraph 2, nothing in the Protocol shall be construed as limiting or derogating from any rights of persons who have suffered damage, or as limiting the protection or reinstatement of the environment which may be provided under domestic law. 2. No claims for compensation for damage based on the strict liability of the notifier or the exporter liable under Article 4, paragraph 1, or the importer liable under Article 4, paragraph 2, of the Protocol, shall be made otherwise than in accordance with the Protocol. ARTICLE 21 Mutual recognition and enforcement of judgements 1. Any judgement of a court having jurisdiction in accordance with Article 17 of the Protocol, which is enforceable in the State of origin and is no longer subject to ordinary forms of review, shall be recognized in any Contracting Party as soon as the formalities required in that Party have been completed, except: | 112 (a) Where the judgement was obtained by fraud; (b) Where the defendant was not given reasonable notice and a fair opportunity to present his case; (c) Where the judgement is irreconcilable with an earlier judgement validly pronounced in another Contracting Party with regard to the same cause of action and the same parties; or
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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
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| 54 Y38 Organic cyanides Y39 Pheno
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ANNEX III LIST OF HAZARDOUS CHARACT
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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 106 and 107: (d) Wholly the result of the wrongf
Page 108 and 109: ARTICLE 9 Contributory fault Compen
Page 110 and 111: for amounts not less than the minim
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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