550 



Section 1. International Aspects of the Problem of 

 Radioactive Waste Disposal at Sea 



An objective assessment of the status of the problem of RW disposal in the seas adjacent to 

 the coast of the Russian Federation requires an examination of its international legal aspects, an 

 analysis of the factual data on practices followed by other nations in disposing of RW at sea, and 

 consideration of the position of various nations with respect to the problem. 



1.1. International Law Governing Procedures for Handling Radioactive Waste 



In international law, matters of RW disposal at sea are governed primarily by the Convention 

 on Prevention of Pollution of the Sea by Discharges of Wastes and Other Materials, which was 

 signed in London in 1972 and took effect August 30, 1975 (January 1976 for the former USSR). 

 The Convention's applicability extends to all marine spaces except internal salt waters [2]. 



According to the London Convention, signatories assumed the obligations of taking all pos- 

 sible steps to prevent pollution of the sea by discharges of wastes and other materials that could 

 present a danger to human health or damage living resources and life in the sea (Art. I). The 

 dumping of high-level RW is prohibited (Art. IV). The disposal of low- and intermediate-level 

 RW is allowed by special permission with notice to the Secretariat of the International Primorsky 

 Organization, provided an observer from a competent international organization is present aboard 

 the ship performing the disposal operations and three main IAEA requirements [3] are observed: 



• the location of the disposal sites is beyond the limits of the continental shelf, internal 

 and marginal seas; 



• depths in the disposal area are at least 4,000 meters; 



• the latitude is between 50° N and 50° S. 



As Fig. 1 shows, the Russian Federation has water areas that meet these requirements only in 

 its far eastern seas. 



The provisions of the London Convention (Art. 7) do not apply to ships and planes enjoying 

 sovereign immunity (that is, belonging to a state), but reports required by the IAEA on dumpings 

 must cover all RW discharges regardless of the departmental subordination of the originating 

 source. 



Since the London Convention took effect, 15 consultative conferences of representatives of 

 the signatories have been held. 



In 1983, the 7th Consultative Conference of Representatives adopted resolution LDC.14[7] 

 [4], urging parties to refrain from disposal of all forms of RW at sea. Two years later. Resolution 

 LDC.21[9] was adopted in a roll-call vote [4], favoring a voluntary moratorium on the disposal of 

 all forms of RW at sea until the completion of an assessment of all aspects of their impact on hu- 

 man health, the marine environment and life in the sea. The USSR abstained in the voting on this 

 resolution.' 



' — ^The USSR's official position, as annoiincwl by the Soviet delegation to the 9th Consultative Conference of Sig- 

 natories to the London Convention in I98S (S| in a discussion of the moratorium question, was essentially that the 

 ySSR had not dumprd, was not dumping, and did not plan to dump radioactive waste in the sea for puiposei of 

 dispoMl. and therefore a 'zero report' wu Knt to the IMO SectetaiiaL This position was confirmed in 19<9 when 

 the IAEA's dfcular questionnaire was compleled (61. 



