Liminal Phases and Electronic Waste: Interrogating Temporality in International Law

This article examines the regulatory tensions that emerge from the temporal organization of jurisdiction in international law, through the lens of transnational flows of waste electronic and electrical equipment(WEEE). Transnational trade in WEEE is regulated by international environmental law, whereby the Basel Convention restricts transboundary trade in WEEE. However, the coexistence of this regime with international trade law, specifically WTO rules promoting free trade in EEE and used EEE (UEEE), has generated substantial complexity in controlling transboundary movements of WEEE. This article argues that the persistent issue of WEEE being illegally shipped from developed to developing countries under the guise of being UEEE is closely linked to the temporal organization of jurisdiction in international law. The article draws on legal harmonization and the concept of liminality to interrogate temporality in international law.