Extraterritoriality and waste management

Environmental law is ill-equipped to deal internationally with environmental and human health damage resulting from illegal shipments of hazardous WEEE. At the end of this research, it appears that there are some interesting lines of thought on the idea of whether the concept of extraterritoriality is appropriate for international legal instruments governing the management and transfer of WEEE. Indeed, while the parallelism between human rights and waste does not allow one to assert the possibility of extraterritorial applicability of international standards for the management of WEEE, it should be emphasized that environmental law is an evolving body of law. This new right is not yet a jurisdictional right, even if the European Court of Human Rights has on several occasions indirectly recognized the human right to a healthy environment. It is a new right that is very quickly adapting to certain human rights tools in order to ensure its full protection. Environmental law is ill-equipped to deal internationally with environmental and human health damage resulting from illegal shipments of hazardous WEEE. At the end of this research, it appears that there are some interesting lines of thought on the idea of whether the concept of extraterritoriality is appropriate for international legal instruments governing the management and transfer of WEEE. Indeed, while the parallelism between human rights and waste does not allow one to assert the possibility of extraterritorial applicability of international standards for the management of WEEE, it should be emphasized that environmental law is an evolving body of law. This new right is not yet a jurisdictional right, even if the European Court of Human Rights has on several occasions indirectly recognized the human right to a healthy environment. It is a new right that is very quickly adapting to certain human rights tools in order to ensure its full protection.

Autorentext

Moumouni COMPAORE es abogado medioambientalista. Es licenciado en Ciencias Jurídicas por la Universidad de Ouaga II (Burkina Faso), tiene un máster en Derecho Ambiental Internacional por la Universidad de Limoges (Francia) y un máster en Gestión de Proyectos por la Universidad de Aube Nouvelle (Burkina Faso).