Waste Away. Examining Systemic Drivers Of
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This article from Erasmus Law Review is published by Eleven international publishing and made available to anonieme bezoeker Waste Away Examining Systemic Drivers of Global Waste Trafficking Based on a Comparative Analysis of Two Dutch Cases Karin van Wingerde & Lieselot Bisschop* Abstract issues we face today. Global municipal waste generation is currently about 2.01 billion tonnes per year and The increasing volume of waste generated globally is one of expected to increase to 3.4 billion tonnes in 2050 the most prominent environmental issues we face today. because of population growth, industrialisation and Companies responsible for the treatment or disposal of urbanisation.1 By 2050, the then approximately nine bil- waste are therefore among the key actors in fostering a sus- lion people on the planet will have generated an estima- tainable future. Yet the waste industry has often been char- ted thirteen billion tonnes of waste per year.2 Next to acterised as a criminogenic one, causing environmental the increasing volume of waste, there is also increased harm which disproportionately impacts the world’s most hazardousness, because society also increasingly relies vulnerable regions and populations. In this article, we illus- on synthetic and chemical products.3 Hazardous waste trate how companies operating in global supply chains refers to waste with radioactive, explosive, corrosive or exploit legal and enforcement asymmetries and market toxic characteristics and is likely to cause health or envi- complexities to trade waste with countries where facilities ronmental harm when treated inadequately. An estima- for environmentally sound treatment and disposal of waste ted 300 million tonnes of hazardous waste is produced are lacking. We draw on two contemporary cases of each year by member countries of the Organisation for corporate misconduct in the Global South by companies Economic Co-operation and Development (OECD), with operating headquarters in the Global North: Seatrade while no reliable estimate is available for non-OECD 80 and Probo Koala. We compare these cases building on theo- countries as there is virtually no reporting.4 Despite the ries about corporate and environmental crime and its many conventions on waste that have been created since enforcement. This explorative comparative analysis aims to the 1970s,5 the exact volumes, origins and handling of identify the key drivers and dynamics of illegal waste dump- hazardous waste generation thus remain unclear. This ing, while also exploring innovative ways to make the waste chapter discusses two cases which concerned the trade sector more environmentally responsible and prevent the in hazardous waste, but many dynamics and drivers we future externalisation of environmental harm. discuss are rooted in the overall – and thus also non- hazardous – trade in waste. Keywords: environmental crime, waste industry, shipbreak- Once generated, waste can be disposed of or treated. ing, waste trafficking, environmental enforcement Waste disposal is the final phase and refers to landfill, incineration and illegal dumping. Waste treatment is the 1 Introduction: (Hazardous) 1. S. Kaza, L. Yao, P. Bhada-Tata & F. Van Woerden, What a Waste 2.0: A Waste in Contemporary Global Snapshot of Solid Waste Management to 2050 (2018). 2. Basel Convention Secretariat, Zoi Environmental Network, & GRID Are- Society ndal, Vital Waste Graphics 3 (2012). 3. D. Pellow, D. Resisting global toxics: Transnational movements for Environmental Justice (2007). Whenever something is discarded, waste is generated. 4. Basel Convention Secretariat, Zoi Environmental Network, & GRID Are- This can be a result of everyday consumption in house- ndal, above n. 2. holds as well as of production activities in agriculture, 5. E.g. Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal; Convention on the Ban on the mining, energy, manufacturing and construction. As Import into Africa and the Control of Transboundary Movement and such, this makes waste a part of everyday life, a normal Management of Hazardous Wastes within Africa (Bamako Convention); thing. Yet the increasing volume of waste generated Convention on the Prevention of Dumping of Wastes and Other Matter globally is one of the most prominent environmental (London Convention); Convention to Ban the Importation into Forum Countries of Hazardous Waste and to Control the Transboundary Movement and Management of Hazardous Wastes within the Pacific * Karin van Wingerde is Professor Corporate Crime and Governance, Region (Waigani Convention); International Convention on Oil Pollu- Department of Criminology, Erasmus School of Law, Erasmus University tion Preparedness, Response and Co-Operation (OPRC Convention); Rotterdam. Lieselot Bisschop is Professor Public and Private Interests, Montreal Protocol on Substances that Deplete the Ozone Layer; Rotter- Department of Criminology and Erasmus Initiative on Dynamics of dam Convention on the Prior Informed Consent Procedure for Certain Inclusive Prosperity, Erasmus School of Law, Erasmus University Rotter- Hazardous Chemicals and Pesticides in International Trade; Stockholm dam. Convention on Persistent Organic Pollutants. ELR 2019 | No. 4 - doi: 10.5553/ELR.000171 This article from Erasmus Law Review is published by Eleven international publishing and made available to anonieme bezoeker process that changes the characteristics of waste to facil- how these structural inequalities between different parts itate its handling, to make the recovery of secondary raw of the world can be criminogenic.12 Corporations exploit materials possible or to reduce its quantity or hazardous these inequalities by moving activities that are illegal in nature.6 The recovery phase in the waste cycle implies one jurisdiction to another where they are not (legal/ that waste is not just useless residue. What some call enforcement asymmetries), externalise harms to coun- waste is a valuable secondary raw material for others, tries that depend on foreign investments to foster especially in times of increasing scarcity of raw materi- economic growth (economic asymmetries), and engage als. With the emergence of new recycling techniques in these harms, particularly when certain behaviours, and better efficiency rates of waste treatment and recy- such as bribery, are normalised to get business done cling, what was considered useless residue years ago has (cultural/political asymmetries). In addition, awareness turned into something valuable today. In other words, and knowledge about harms can be asymmetrical, as can waste has become a profitable commodity.7 the legal means to stand up against big business. In this The sustainable management of waste and (secondary) way, globalisation facilitates ‘crimes without lawbreak- resources is key for the planet’s future.8 Companies ing’ or ‘legal corporate crimes’: behaviours that are responsible for the collection, transport, treatment, essentially lawful, but extremely harmful.13 recovery or disposal of waste thus fulfil important Waste traders use existing policy or enforcement loop- public tasks related to hygiene, environmental holes and offer officials in developing regions attractive protection and quality of life. Given these public inter- prices or bribes for accepting the (hazardous) waste into ests, the waste market has traditionally been subject to a their countries. The trade flows that are most likely to high degree of regulation and close involvement by gov- result in inadequate – and often illegal – recycling or ernments. In the Netherlands, for instance, most waste disposal are those from the Global North (Australia, the facilities used to be owned and operated by munici- EU, Japan and the US) to the Global South (Africa, palities.9 However, the waste market has changed con- South-East Asia and South America).14 These same siderably over the past decades. Among its key develop- powerful economic actors are also those most likely to ments are privatisation, merger activity, expansions and influence international treaties and law enforcement in internationalisation. As a result, the waste industry has developing countries.15 become a highly competitive and capital-intensive Thus, while the international trade in waste material has industry. In other words, waste management has undeniably enabled firms to expand their business, it become ‘big business’, and the market is dominated by has also created greater opportunities for corporate large and powerful commercial corporations that crimes; led to the transference of social, economic and 81 increasingly operate across national borders.10 To recu- environmental harms to other parts of the world; and perate the secondary raw materials or treat the waste, increased problems for monitoring and enforcement.16 there is often international trade involved, because the Substandard waste treatment and disposal affects every- waste treatment facilities for specific types of waste are one but disproportionately impacts society’s most vul- available only in a limited number of countries. nerable who work and live in unsafe conditions. Sometimes the nearest treatment facility – or the one This chapter aims to demonstrate how companies oper- with sufficient capacity to process the specific type of ating in the global waste market exploit legal and waste – is simply located across a border.11 However, enforcement asymmetries and market complexities to one of the most important reasons for the trade in waste