Thailand and Legal Measures as a Member of the Basel Convention: A Case study of Plastic waste Amendments

Abstract

The purpose of this article is to study Thailand legal measures to comply with obligations as Thailand is a member of the Basel Convention (the Convention), as well as Thailand readiness in legal matters or guidelines because the Convention has issued a new annex amendment categorizing plastic waste from non-hazardous waste to hazardous waste. The revisions are included in Annex 2, Annex 8, and Annex 9. However, in the amendment of the said Annexes there is an issue that needs to be considered in the classification of plastic waste. New guidelines for certain types of plastic waste which contain measures that party states must adopt and implement laws or guidelines accordingly.

However, in such amendments there are plastic waste export and import requirements for plastic waste covered under Annex 9, which are essentially the export and import of waste listed in Annex B3011 list 9 at the end of the Basel Convention, advance notice from a state of origin to a state of destination (PIC: Prior Informed Consent) is not required, but on condition that the plastic waste must be imported for recycling in a manner that is friendly to the environment, and it must be plastic waste that is almost free from contamination. The words that it is good management, that is friendly to the environment, or environmentally sound manner as defined do not have a universal definition of meaning. Therefore, Thailand definitions must be in accordance with the objectives of the Basel Convention. Thus, Thailand must put measures in place and set definitions of such terms in order to create clarity in the practice guidelines.