Includes bibliographical references / The trade in and management of electronic waste in Nigeria is significant because of the volumes of e-waste generated from second-hand electrical and electronic equipment (EEE) imports. Current and future e-waste discourse advocate the need for, not only an effective legislative approach, but also a sustainable approach towards e-waste management, best encapsulated through a concept known as the 'Extended Producer Responsibility (EPR)' approach. The EPR approach, which is based on the Polluter Pays Principle (PPP) places legal, financial, informative and physical(including environmental) responsibility on producers of EEE, from 'cradle-to-cradle.'The thesis groups this classification into a general term - the 'EPR Matrix,' which is utilised throughout the thesis to analyse the realistic implementation and enforcement of these responsibilities on a producer in a developing country context. Although the shipment of e-wastes between developed and developing countries is regulated under the Basel Convention 1989 and the Bamako Convention 1991, both treaties, however, do not prohibit it. The efforts of Conference of Parties (CoP) to both Conventions reveal a cognizant change in perception which is aligned with the ideals of the EPR approach to e-waste management. The realistic implementation of this approach in a developing country context is investigated, because the importer, rather than the producer is the key actor in the EEE chain. The identification of this circumstance requires that the EPR approach be extended to include the importer and other actors in the EEE chain, sharing applicable responsibilities proposed by the EPR Matrix. The thesis explores the legitimacy of this premise, by evaluating the relative success of mandatory and voluntary EPR schemes on e-waste in South Africa. Although empirical investigation reflected in the thesis reveals that voluntary industry approaches on e-waste are effective and complementary to the regulatory model, this thesis also identifies a three-tier voluntary model for effective e-waste management in South Africa, and the scope of its application. Current e-waste legislation in Nigeria reflects the adoption of the EPR approach, but in essence, the provisions are ineffective, with the absence of requisite institutions to implement its provisions. This thesis suggest that Nigerian e-waste legislation be reconsidered, with a formalization of informal e-waste markets to reflect a more resolute approach towards illegal e-waste imports and management. The certainty of a successful, and effective EPR approach in Nigeria requires a synergy of both voluntary and mandatory approaches to e-waste in that jurisdiction, and an extension of the EPR concept to include other stakeholders in industry - producers, importers, retailers, consumers and government. This thesis thus recommends the adoption of both voluntary and mandatory approaches to e-waste management in Nigeria, including an institutionalized approach, which requires the establishment of collection centres for e-waste recycling, the establishment of an EEE registry/database and proper regulation of the informal sector.
| Identifer | oai:union.ndltd.org:netd.ac.za/oai:union.ndltd.org:uct/oai:localhost:11427/16730 |
| Date | January 2015 |
| Creators | Okukpon, Irekpitan |
| Contributors | Feris, Loretta |
| Publisher | University of Cape Town, Faculty of Law, Department of Public Law |
| Source Sets | South African National ETD Portal |
| Language | English |
| Detected Language | English |
| Type | Doctoral Thesis, Doctoral, PhD |
| Format | application/pdf |
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