Student at CHRIST (Deemed to be University), Delhi NCR, India
Toxic waste dumping, which contains toxic chemicals, poses grave risks to human health, environmental sustainability, and socio-economic stability. The global problem in such scenarios involves toxic chemicals, heavy metals, and by-products from heavy industries injected into the atmosphere, hydrosphere, or lithosphere. As is often the case in underdeveloped states, impoverished communities are exposed more intensely due to a lack of viable environmental regulations or even due to proper governmental enforcement. The transboundary nature of waste dumping enables industrialized countries to export toxic materials to poorer regions, not only worsening environmental inequalities but also perpetuating environmental racism. This paper analyzes gaps in criminal law, health law, environmental law, and human rights law through which corporations and organized crime groups, such as Italy's Eco-Mafia, exploit loopholes in the regulation to make money from illegal waste disposal. Case studies such as the Trafigura incident that marred Côte d'Ivoire in 2006 and the Warren County PCB landfill protests in the United States demonstrate how non-enforced laws continue to result in environmental degradation and attendant public health crises as social injustices. Occupational health risks resulting from workers in the formal and informal sectors of recycling, whereby several of them are children, also point to compelling reasons for all-inclusive interventive legal measures. This research adopts a multidisciplinary approach, proposing reforms across criminal, health, environmental, and human rights laws to address the complexities of toxic waste dumping. The paper explores the intersection of environmental and social justice and advocates for stronger legal frameworks and enforcement mechanisms to combat waste dumping effectively. It emphasizes the importance of integrated legal responses to protect vulnerable populations, promote sustainable practices, and ensure environmental and social justice.
Research Paper
International Journal of Law Management and Humanities, Volume 8, Issue 3, Page 1063 - 1092
DOI: https://doij.org/10.10000/IJLMH.119711This is an Open Access article, distributed under the terms of the Creative Commons Attribution -NonCommercial 4.0 International (CC BY-NC 4.0) (https://creativecommons.org/licenses/by-nc/4.0/), which permits remixing, adapting, and building upon the work for non-commercial use, provided the original work is properly cited.
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