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29 Duke Envtl. L. & Pol'y F. 1 (2018-2019)

handle is hein.journals/delp29 and id is 1 raw text is: 









        DEFINING THE LEGAL AND POLICY
   FRAMEWORK TO STOP THE DUMPING OF
   ENVIRONMENTALLY HARMFUL PRODUCTS

      DR. STEPHEN 0. ANDERSEN, RICHARD FERRIS, ROMINA
 PICOLOTTI, DURWOOD ZAELKE, DR. SUELY CARVALHO & MARCO
                            GONZALEZ*

     Love your neighbor as yourself, but don't take down your fence.
     Carl Sandberg

     Environmental dumping is a practice historically associated with
the export of hazardous product waste from a developed country for
irresponsible and often illegal disposal in a developing country. Now,
with the industrialization and globalization of China and other
developing   countries, environmental dumping     can   involve  both
developing and developed countries as origin and destination. This
dumping can be especially harmful to attempts to control under the
Montreal Protocol ozone-depleting and climate-forcing chemical
substances  and/or products    requiring  unnecessarily high   energy
consumption. While developing country Parties to the Montreal
Protocol are allowed to delay their phasedown of climate-forcing and
ozone-depleting hydrofluorocarbons (HFCs) during a multi-year grace
period, there are advantages to earlier implementation when superior
alternatives are already available at reasonable costs, as is the case for


Copyright ©D 2018 Stephen 0. Andersen, Richard Ferris, Romina Picolotti, Durwood Zaelke, Dr.
Suely Carvalho, & Marco Gonzalez.
    * Dr. Andersen is the Director of Research at the Institute for Governance & Sustainable
Development (IGSD); Mr. Ferris is Senior Counsel of IGSD; Ms. Picolotti is Co-founder and
Climate Advisor for the Center for Human Rights and Environment, and Senior Counsel of
IGSD; Mr. Zaelke is President of IGSD; Dr. Carvalho is a Senior Expert Member of the Montreal
Protocol Technology and Economics Assessment Panel (TEAP) and Scientific Advisor for
Centro Mario Molina-Chile; Mr. Gonzalez is a Senior Member of the Montreal Protocol TEAP.
The authors are grateful for the considerable assistance of Mr. Duncan Brack, Associate Fellow,
Chatham House; Ms. Jennifer Haverkamp, Director, Graham Sustainability Institute, University
of Michigan; Mr. Korey Silverman-Roati, Law Fellow, IGSD; Dr. Gabrielle Dreyfus, Senior
Scientist, IGSD; Mr. Marcio Ribeiro, Instituto de Energia e Ambiente, IEE, University of Sao
Paulo; Dr. Nancy Sherman, Director of Technical Assessment, IGSD; Xiaopu Sun, Senior China
Counsel, IGSD; Ms. Kristen Taddonio, Senior Climate and Energy Advisor, IGSD; and Ms.
Kristin Leigh Campbell, Law Fellow, IGSD.

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