Anna Marie KapunanQuezon City, C, Philippines
Jul 14, 2015
So, the Canadian Embassy in Manila replies "No domestic law in Canada can compel a shipper to return container vans of trash back to where these came from.” But the Canadian official in Manila seems to be unmindful of the Basel Convention to which Canada and the Philippines are signatories to, so let us refresh our memories, shall we? Canada participated in the development of the Convention and was one of the original signatories on March 22, 1989 (http://www.ec.gc.ca/gdd-mw/default.asp?lang=en&n=1C6F3B4C-1) Article 9 of the Basel Convention covers Illegal Traffic 1. or the purpose of this Convention, any transboundary movement of hazardous wastes or other wastes: (c) with consent obtained from States concerned through Fraud, misrepresentation, of falsification; (d) that does not conform in a material way with the documents; or (e) that results in deliberate disposal (e.g. dumping) of hazardous waste in contravention of this Convention and of general principles of international law, shall be deemed to be illegal traffic. 2. In case of transboundary movement of hazardous waste or other wastes deemed to be illegal traffic as a result of a conduct on the part of the exporter or generator, the State of export shall ensure that the waste in question are: (a) taken back by the exporter or the generator, or, if necessary, by itself into the state of export, or, if impracticable, (b) disposed of in accordance with the provisions of this Convention within 30 days from the time the State of export has been informed about the illegal traffic or such other period of time as States concerned may agree. Text can be found here: http://www.basel.int/TheConvention/Overview/TextoftheConvention/tabid/1275/ Basel Convention never mentioned of local laws. What Philippines and Canada entered into is an agreement. Pacta Sunt Servanda. An international law principle that states “Agreements must be kept in good faith”, Respect an international agreement, Canada. You do not have to be a first world country to understand this.
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