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Executive Summary
Electronic wastes are considered to be one of the fastest-growing streams of wastes globally. The trend is occasioned by the exponential expansion of technology, which results in many obsolete devices. The wastes are then disposed in landfills. E-wastes have adverse environmental and health impacts. Possible approaches, such as the development of new international legislations, have been utilized to curb the growth of e-waste, albeit unsuccessfully. New findings, including the decentralization of legislation, will develop crucial solutions that will solve the problem.
Introduction
Advances in both mobile computing and personal computer revolution create devices that have short product life spans. Electronic wastes are malignant. They are often comprised of a cocktail of very hazardous materials that can cause adverse health impacts (Sivaramanan, 2013, p.532). Some of the most common toxic substances found in electronics include arsenic, barium, and beryllium. For instance, exposure to arsenic results in the development of skin diseases and other conditions affecting the nervous system. Moreover, arsenic is a known human carcinogen. Barium can cause short term swelling of the brain and muscle weakness. The effects of electronic waste go past environmental contamination and adverse health impacts. Human rights issues arise since many of these e-wastes are dumped in landfills located in third world countries. Poor people and children with no other means of fending for themselves work in landfills sorting and open burning the products. Even though international conventions have been developed by key stakeholders to solve the problem of growing electronic wastes, the only solution that will work is the decentralization of legislations.
Previous Approaches
Over time, a number of ineffective international regulations were enforced to solve the problem of electronic wastes. Some of them include the adoption of the Basel Convention on the Transboundary Movement of Hazardous Wastes, the proposed Basel Ban Amendment, and the European Union’s Waste Electrical and Electronic Equipment Directive. The problem with these laws is that almost all of them are generic and have many loopholes. Although the Basal Convention was created with good intent, the recycling plants, importers, and traders stood to gain and benefit economically from trading in electronic wastes. For instance, many exporters used the loopholes in the Basal Convention to sell e-waste abroad in the pretext of e-waste recycling since some of the parts had small quantities of valuable minerals (Jin, 2014, p. 1260). The minerals were often extracted then resold in the market. Furthermore, the laws were in direct conflict with the international trade laws that the World Trade Organization enforced. The regulations failed to solve the problem of global electronic wastes.
New Findings
However, new findings suggest that the inefficiencies arising from international regulations can be solved. The steps to take include shifting the burden of these laws from international bodies to more authoritative private stakeholders. Japan’s Specified Home Appliance Recycling Law (SHAR) has made significant strides. Research shows that though seen as counter-intuitive at first, decentralization of legislation is actually a good approach to the management of e-waste (Jin, 2014 p. 1256). The strategy reduces jurisdictional mismatch, regulatory fragmentation, and the lack of a single government enforcer. Hence, decentralization is an effective approach since it aims to look for solutions that solve the regulatory concerns.
Conclusion
Overall, the problem of electronic wastes has worsened because of the technological revolution. Various international conventions have been formulated to combat the growing menace of the disposal of obsolete devices. However, key stakeholders have found loopholes that they use to profit on the agreed conventions. Moreover, the laws conflict with local and international laws, which renders them ineffective. Thus, the decentralization of these legislations, though counter-intuitive, can provide effective local solutions to solve the regulatory concerns.
References
Jin, J. (2014). E-waste and the regulatory commons: A proposal for the decentralization of international environmental regulation. Brook. J. Int’l L., 39, 1251. https://brooklynworks.brooklaw.edu/cgi/viewcontent.cgi?article=1008&context=bjil
Sivaramanan, S. (2013). E-waste management, disposal and its impacts on the environment. Universal Journal of Environmental Research & Technology, 3(5), 532. https://www.researchgate.net/publication/267217916_E-Waste_Management_Disposal_and_Its_Impacts_on_the_Environment
