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24 N.Y.U. J. Int'l L. & Pol. 557 (1991-1992)
Pesticides and Precaution: The Bamako Convention as a Model for an International Convention on Pesticides Regulation

handle is hein.journals/nyuilp24 and id is 569 raw text is: PESTICIDES AND PRECAUTION: THE BAMAKO CONVENTION AS A MODEL FOR AN INTERNATIONAL CONVENTION ON PESTICIDES REGULATION MARGO BRT BAENDER The land is too various in its kinds, dimates, conditions, declivities, aspects, and histories to con- form to any generalized understanding or to pros- per under generalized treatment. The use of land cannot be both general and kindly-just as the forms of good manners, generally applied (applied, that is, without consideration of differences), are ex- perienced as indifference, bad manners. To treat every field, or every part of every field, with the same consideration is not farming but industry. Kindly use depends upon intimate knowledge, the most sensitive responsiveness and responsibility.' I. INTRODUCTION OnJanuary 29, 1991, representatives from fifty-one Af- rican nations met in the capital of Mali and signed a ground- breaking instrument in the sphere of international environ- mental law: the Bamako Convention on the Ban of the Im- port into Africa and the Control of Transboundary Move- ment and Management of Hazardous Wastes Within Africa (Bamako Convention).2 The Bamako Convention is the first international convention to regulate international trade in pesticides, and its primary tool is a complete ban on the im- port of banned or unregistered pesticides from outside of Africa.3 The Bamako Convention finds legal justification for 1. WENDELL BERRY, The Ecological Crisis as a Crisis of Agricullure. in THE UNSETrLING OF AMERICA 31 (1977). 2. Bamako Convention on the Ban of the Import into Africa and the Control of Transboundary Movement and Management of Hazardous Wastes Within Africa, adopted and opened for signaturejan. 29. 1991. Organi- zation of African Unity (OAU) [hereinafter Bamako Convention]. 3. Id. arts. 2.1(d), 4.1. 557 Imaged with the Permission of N.Y.U. Journal of International Law and Politics