Bermuda courting trouble over asbestos dumping -- top lawyer
Dumping asbestos in the sea could mean Bermuda being hauled before the European Union and a UN court, a top international lawyer warned yesterday.
For New York-based human rights lawyer Ian Anderson said Bermuda is covered by the European Convention on Human Rights, signed by Britain.
And Article Two of the convention means signatories are bound to protect human life -- which has been interpreted and extended over the years to mean countries are obliged to avoid creating potential hazards to life.
In addition, a new body of international law has been created by the UN World Court in The Hague, Holland, defining a doctrine of inter-generational equity -- a legal duty to preserve the environment for the future.
Mr. Anderson said: "Basically, the resources of the world are finite and limited and countries have a duty to preserve them and hand them on to future generations.
"Dumping asbestos in the sea is creating a problem for future generations -- it's a hazard to sea and marine life.
"From the point of view of international human rights, it would be illegal in the light of scientific evidence that it would float to the surface and be caught up in currents.
"If it surfaces and maybe gets blown around by a hurricane, it could cause serious problems for land-based life as well.'' And he warned: "There are long-term medical hazards and Bermuda could run up billions of dollars in costs.'' But Mr. Anderson said international law demanded that all legal avenues in Bermuda would have to be tried before the European Commission would become involved.
But if that did not succeed, even an individual could bring an action in Europe, with the possibility of an injunction against Bermuda from the Euro court.
And it would be the United Kingdom, as Bermuda is a dependent territory, which would have to take the lead in answering complaints.
Mr. Anderson said: "Bermudians having the right to petition Strasbourg through the European Commission is a very powerful weapon in the armoury because it drags Britain before the Commission, which is something the British Government wouldn't like.
"Britain appears to have washed its hands of the problem and said `just dump it.' But it would become a British problem and puts Britain in the hot seat -- they couldn't just walk away.'' Scots-born Mr. Anderson is a Scottish advocate -- the equivalent of an barrister -- practised as a barrister in South Africa and is a New York attorney.
He is currently representing former British servicemen who have suffered severe health problems since taking part in UK nuclear testing in the Pacific in the 1950s.
Mr. Anderson said he was "horrified'' to learn of Bermuda's asbestos dumping plan while on a holiday visit to Bermuda earlier this year and volunteered to do some legal research after meeting anti-dumping Islanders.
Environment Minister Pamela Gordon is off the Island and not expected back until later this week.
Environment Permanent Secretary James Burnett-Herkes could not be contacted for comment.