Notification Requirements for Export of Banned and Restricted Chemical Products

By Mary Rose Kornreich

In this article, Ms. Kornreich notes that the rise of the global economy has created opportunities and burdens for anyone who trades in foreign goods. Recognizing the special gravity of the problem of chemical exports, the international legal community is responding to the need for laws and policies governing the exportation of hazardous chemical products. Major efforts to regulate toxic chemicals have recently been made by the U.S. and Western European states, often including export controls. The article surveys the state of current experience and knowledge with regard to existing and proposed notification systems, and also explains the purposes and objectives of these notification systems. The author places special emphasis upon those provisions most likely to fulfill their objectives, and predicts future development in export notification on the basis of recent trends in trade systems. Lastly, the article concludes that a duty to inform foreign governments when chemical exports are banned or severely restricted in the source state is a developing norm of international law, and that adherence to this principle would fulfill the goals of notification policy.