349 



The Convention's definition of dumping excludes the 

 placement of matter for a purpose other than disposal, 

 unless the placement is "contrary to the aims of this Con- 

 vention." A "placement" is therefore "dumping" whether or 

 not its purpose is disposal, when it is "contrary to the' 

 aims" of the Convention. Thus, seabed eitplaceraent of radio- 

 active materials, even if undertaken for storage rather' 

 than disposal, is prohibited if the emplacement could lead 

 to contamination of the ocean. 



To determine whether the parties intended to bar sulisoil 

 enplacement, either directly or in order to protect the marine 

 environment, it would be appropriate to consider the extent 

 to which subsoil emplacement poses a hazard to the environment 

 upwards of the ocean floor which the parties may have seen fit 

 to regulate. However, that hazard cannot be confidently 

 assessed. Proponents of the disposal would argue that the 

 high-level radioactive wastes can be safely isolated in con- 

 tainers placed in geologically stable formations below the 

 ocean floor. Opponents would counter that the radioactivity 

 hazard will last roughly a million years and that it is impos- 

 sible to assure the safety of these irretrievable containers 

 over that period of time . 



In light of the Convention ' s ambiguity and the poten- 

 tial importance of the issue, it seems likely that a final 

 decision on the question will be determined politically. 

 Nevertheless, the better view is thatr the Convention does 

 cover the activity. The iir^slicit purpose or "aim" of the 

 London Ocean Dumping Convention is to control all sources 

 of pollution of the marine environment. See Art. I. The 

 Convention can best implement that aim if the phrase "at sea" 

 in the definition of duiijjing is interpreted as covering any 

 disposal into or below the ocean waters from a source located 

 at sea. That interpretation is consistent with the UN re- 

 solution on the seabed and subsoil and with the definition 

 of dumping which includes any deliberate placement contrary 

 to the aims of the Convention. If the parties decide in the 

 future to reverse this interpretation as the technological 

 considerations become clearer, they may of course do so by 

 explicit agreement. In the interim, maximum protection of 

 the marine environment from this uncertain hazard is 

 assured. 



