LONDON DUMPING CONVENTION

OBJECTIVES OF “LONDON DUMPING CONVENTION”

OBJECTIVES OF THE CONVENTION ARE TO PROMOTE THE EFFECTIVE CONTROL OF ALL SOURCES OF MARINE POLLUTION AND TO ENCOURAGE REGIONAL AGREEMENTS SUPPLEMENTARY TO THE AGREEMENT.

THE PURPOSE IS TO CONTROL ALL SOURCES OF MARINE POLLUTION AND PREVENT POLLUTION OF THE SEA BY PREVENTING DELIBERATE DISPOSAL AT SEA OF WASTES OR OTHER MATTER FROM VESSELS, AIRCRAFT, AND PLATFORMS.

THE OBJECTIVES ARE ACHIEVED BY FOLLOWING:

1.      A SO CALLED BLACK LIST AND GREY LIST APPROACH IS APPLIED FOR WASTES, WHICH CAN BE CONSIDERED FOR DISPOSAL AT SEA ACCORDING TO THE HAZARD THEY PRESENT TO THE ENVIRONMENT. FOR THE BLACK LIST ITEMS DUMPING IS PROHIBITED. FOR THE DUMPING OF GREY LISTED MATERIALS A SPECIAL PERMIT IS REQUIRED A DESIGNATED AUTHORITY UNDER STRICT CONTROL AND PROVIDED CERTAIN CONDITION ARE MET.

2.      THE 1996 PROTOCOL PRESENTS MORE RESTRICTIVE MEASURES:

1.      APPLICATION OF A PRECAUTIONARY APPROACH IS INCLUDED AS A GENERAL OBLIGATION.

2.      A REVERSE LIST APPROACH IS ADOPTED, WHICH IMPLIES THAT ALL DUMPING IS PROHIBITED UNLESS EXPLICITLY PERMITTED,

3.      INCINERATION OF WASTES AT SEA IS PROHIBITED,

4.      EXPORT OF WASTE FOR THE PURPOSE OF DUMPING OR INCINERATION AT SEA IS PROHIBITED.

OPERATIONS WHICH ARE NOT CONSIDERED DISPOSAL AT SEA UNDER THIS CONVENTION

1.      DISCHARGES OF WASTES ARISING DURING NORMAL OPERATION OF THE VESSEL,

2.      DISPOSAL OF WASTE ARISING FROM EXPLORATION OR EXTRACTION OF SEA BED MINERAL RESOURCES,

3.      PLACEMENT ON THE SEA FLOOR FOR A PURPOSE OTHER THAN DISPOSAL (EG. SCIENTIFIC RESEARCH DEVICES)

PRECAUTIONARY APPROACH

IT REQUIRES THAT APPROPRIATE PREVENTIVE MEASURES ARE TAKEN WHEN THERE IS REASON TO BELIEVE THAT WASTES OR OTHER MATTER INTRODUED INTO THE MARINE ENVIRONMENT ARE LIKELY TO CAUSE HARM EVEN WHEN THERE IS NO CONCLUSIVE EVIDENCE TO PROVE A CAUSAL RELATION BETWEEN INPUTS AND THEIR EFFECTS. THE ARTICLE ALSO STATES THAT THE POLLUTER IN PRINCIPLE SHOULD BEAR THE COST OF THE POLLUTION. THE CONVENTION ALSO EMPHASIZES THAT CONTRACTING PARTIES SHOULD ENSURE THAT POLLUTION SHOULD NOT TRANSFER FROM ONE PART OF THE ENVIRONMENT TO THE OTHER