Page:Brundtland Report.djvu/267

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A/42/427
English
Page 267


to confront the regional, seas challenge through the year 2000 moving beyond general agreement on goals and research to a solid schedule of investment on a scale that will make a difference.

2.4 Measures to Control Ocean Disposal of waste

40. The Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter (London Dumping Conventinn), which has world-wide application, was concluded in November 1972 and entered into force on 30 August 1975.[1] Its political evolution parallels that of the International Whaling Commission. Initially, it consisted largely of dumping states, but non-dumping states are now in the majority. At present it has 61 contracting parties, and secretariat facilities are provided by the International Maritime Organization. The dumping of wastes is regulated by the three annexes to the Convention:[2] on extremely dangerous substances including high-level radioactive wastes, the dumping of which is prohibited, (Annex I); on somewhat less noxious substances, the dumping of which can be permitted only by 'prior special permit (Annex II); and all other substances, which can be dumped only after a general permit has been obtained from national authorities (Annex III). Although the Convention applies to all wastes dumped deliberately at ea, the ocean disposal of radioactive wastes has attracted the most attention. It is this question that the Commission considers here.

41. Prior to 1983, the United Kingdom, Switzerland, Belgium, and the Netherlands had been dumping low-level wastes regularly at the north-east Atlantic dumpsite in international waters off the coast of Spain. Despite protests from representatives of these nations at the London Dumping Convention meeting that they would ignore a moratorium resolution on low-level wastes and carry out dumping during 1983, a de facto moratorium – which all countries honour but to which some have not formally agreed – went into and remains in effect. Under it, no disposal should take place until it can be demonstrated that it is environmentally safe.

42. In 19, the London Dumping Convention voted to extend indefinitely the moratorium on the ocean dumping of low-level radioacive, wastes[3] As a result, the burden of proof that such activities are safe was effectively reversed, being put on those nations who want to dump. This revolutionary reversal, though not binding, reflects the changed composition of the London Dumping Convention.

43. In 1986, the London Dumping Convention established an intergovernmental panel of experts to examine the issue of comparative risks of land- and sea-based options for disposal of radioactive waste. Without prejudging this assessment, the Commission would urge all states to continue to refrain from disposing of either low- or high-level wastes at sea or in the sea-bed. Moreover, it would seem prudent to anticipate continuing opposition to sea dumping and to actively pursue the siring and development of environmentally safe, land based methods of disposal.

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  1. IMO. 'The Provisions of the London Dumping Convention. 1972', and Decisions made by the Consultative Meetings of Contracting Parties. 1975-1984.
  2. Dumping in the Convention means any deliberate disposal at sea of material and substances of any kind, form, or description from vessels, aircraft, platform, or other artificial structures. as well as the disposal of vessels, aircraft, platforms, or other artificial structures themselves.
  3. Twenty-five nations. led by Spain. Australia, and New Zealand, supported the resolution, while Canada, France, South Africa, Switzerland. the United Kingdom, and the United States voted against.