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Legal Analysis of the Consequences of the OECD Non-Consensus Determination on the Basel Plastic Amendment
This legal opinion by the Center for International Environmental Law (CIEL) analyzes the obligations of OECD members regarding the trade of plastic wastes following the OECD's failure to reach a consensus on incorporating the Basel Plastic Amendments into the OECD Wastes Trade Decision. The analysis concludes that plastic wastes designated as "other wastes" under the Basel Convention have fallen outside the scope of the OECD Decision, requiring OECD members who are Basel parties to apply Basel's control and ban mechanisms. CIEL further argues that recent arrangements between the US and Canada, and within the European Union, fail to meet the requirements of Article 11 of the Basel Convention and are therefore invalid as alternatives to Basel controls.
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Document type: Report