London Convention - an International Treaty to Resolve Marine Pollution as an Environmental Issue - Case Study Example

International treaty or agreement related to environmental protection Environmental conservation has been a controversial issue over the years (Carol pp.320). Marine pollution is one of the most hazardous forms of pollution that has been recorded in history. According to Weiler and Seccombe (pp.231), it is in light to the increase in the dumping of waste materials in the water bodies that the issue of marine conservation has become a global concern. With time, the issue has been labeled an international problem that requires immediate intervention. In response, various treaties have been signed and conferences convened in an attempt to resolve this particular problem. This essay will endeavor to highlight one international treaty that aimed to resolve marine pollution as an environmental issue. The Convention on the Deterrence of Marine Contamination by Dumping of Wastes and Other Matter is also referred to as the ‘London Convention’. It is an agreement that was reached after the United Nations convention on the Human Being Environment in June 1972. The meeting was convened with the aim of addressing the disposal of wastes into the sea that can be hazardous to marine and human life. This agreement came into effect in 1975, though it was opened for signature on December 1972. Under this agreement, the signatory states commonly known as parties are required to implement laws that prohibit deliberate dumping of wastes into the sea and any other waters. Parties are required to give only special permits for dumping materials into the sea (LaMotte pp.18). On November, 7 1996, a meeting convened in London by the contracting bodies that ratified the 1972 Convention. The initial 1972 Convention was replaced by the ‘1996 Protocol to the Convention on the Prevention of Marine Pollution to the Dumping of Wastes and Other Matter of 29 December 1972’ .Under this protocol, the necessity to protect the marine environment while promoting sustainable development was emphasized. Molenaar (pp.26) states that under this Protocol, it was agreed, that each party would adopt tough measures, either at the national or regional level to deal with violations of the convention. This would be done through cooperation among the contracting parties in the implementation of the convention at the global level in accordance with the provisions of other international agreements on environmental issues. During this meeting, the parties agreed that all necessary steps would be taken to ensure a reduction in marine pollution and where possible, total eradication of water pollution at the international level. The London Convention laid out specific guidelines to be followed by all contracting parties, contained in a list of annexes and articles. Annex 1 is a list of all the materials that may be considered for dumping. These are; dredged matter, sewage material, waste generated from fishing and man-made vessels, non living material, natural crude matter and other colossal materials. Some materials, however, such as floating debris and radioactive matter are not considered eligible for dumping. Annex 2 deals with the assessment of materials that may be considered for dumping with regard to existing opportunities for waste prevention. In this case, the person applying for a dumping permit has to find alternative ways of waste prevention. For an applicant to get the permit he or she needs consider waste management alternatives such as re-cycling, and treatment or destruction of harmful components. The applicant is issued with a permit only after assessment of the waste material and the determination that the later is neither harmful to human nor marine life. Finally, Annex 3 deals with arbitrary matters incase disputes emerge between contracting parties on the interpretation or application of the Protocol. Here, a party is advised to use conflict resolution methods such as negotiation, mediation or conciliation. If a compromise is not reached, then the aggrieved party is required to present its case before the Secretariat for a hearing of the case. Numerous articles contained in London Convention spell out the procedures to be followed in the implementation of the Protocol. These articles provide that parties should prevent all forms of dumping at sea with the exception of the materials listed in Annex 1 and that any offenders shall be held accountable. It also warns against the export of waste materials by a party to other parties for dumping although it does not prohibit talks between parties on waste management. As a matter of fact, the Protocol advocates for cooperation among parties in the same region to help curb environmental degradation in the marine sector. Bilateral and multilateral relations are encouraged by the Protocol. A contracting party is allowed to seek financial and technical aid from other international organizations in preventing marine pollution. The participation of the United States The United States participated in the December 1972 Convention by sending a number of delegates led by The Honorable Russell E. Train, the then chairman of the Council of Environmental Quality. During the conference, these delegates noted that and made known that Annex I was ambiguous since there is no internationally accepted definition of high-level radioactive wastes. With strong Canadian support, the United States saw the inclusion of Article 14 (4b) which provides for scientific assistance in resolving problems arising from waste disposal. This later saw the ratification of the Convention in Washington after consultations with the United States Senate since the provisions of the treaty are consistent with those of the domestic legislations. In this regard, the United States prohibits unconditionally the discarding of chemical and biological war agents and high-level radioactive substances. The United States, however, produces approximately 1.3 tones of waste per annum of which, most are disposed of at sea. The 1996 protocol is still effective to date, and provisions have been made for its constant review to address emerging issues. Through such reviews, important milestones have been made in reducing indiscriminate marine pollution. According to Stokke (pp.18), in 1998, amendments were adopted that banned low-level radioactive wastes, phased out the dumping of industrial wastes and banned the incineration of industrial wastes at sea. The contracting parties also resolved to actively implement the Agenda 21 of the United Nations Conference on Environment and Development relating to global waste management. Offending parties have also been held responsible under the provisions of the articles that all polluters should be held responsible. A case in point is the British Petroleum oil spill into Mexican Gulf in 2010. This saw British Petroleum being held responsible for the spill and consequently sued by the United States government for damages. The Convention like any other multilateral treaty has its fair share of challenges. The objective of the treaty was to establish similar regulations, in all contracting states, controlling the dumping of waste and other matter at sea. This has proved to be an up-hill task since many countries have different national legislations with others openly violating the terms of the convention. For example, the Soviet Union disposed of radioactive waste in the Arctic Seas, causing friction within the Convention. It has also been argued that sewage sludge contains nitrates and phosphates that may yield algae, leading to oxygen depletion in the water and consequent death of marine life. Although, the 1996 Protocol was adopted to replace the 1972 Convention, the former has not come into effect. As a result, contracting parties have been known to violate its terms at will since they are not bound by these terms. The achievements of the Convention on the Deterrence of Marine Pollution by Dumping of Wastes and Other Mater far surpass its challenges. Today we have controlled marine dumping and enjoy sustainable marine life due to the actions of the 1972 Convention and its 1996 Protocol counterpart. Works Cited Carol, Petsonk.  The Role of the United Nations Environment Programme (UNEP) in the Development of International Environmental Law, 5 AM. U. J INTL L. & POLY 351, 370. 2000. LaMotte, Ralph et al. IOP Conference Series: Earth and Environmental Science. 2000: Volume 6. Session 48. Print. Molenaar, Erick. The 1996 Protocol to the 1972 London Convention. International Journal of Marine and Coastal Law, 1996:12: 3. 2007. Print Stokke, Schram. Beyond Dumping? The Effectiveness of the London Convention. New York: Oxford University Press, 1998. Print. Weiler, Joseph and Seccombe, Monica. Integration Through Law: Environmental protection policy. New York. Walter de Gruyter, 2005. Read More