573 



41. See id . , at I - 10 et seq . 



42. Ocean Dumping Convention, as amended. Annex I, Par. 10. 



43. ^. , Annex I, Addendum. 



44. See n. 36, supra . 



45. See n. 43, supra . 



46. Ocecui Dumping Convention, as amended. Annex II, Par. E. 



47. Of course it is speculative at present whether the draft 

 treaty being negotiated at UNCLOS III will result in an 

 actual international agreement. In the absence of such 

 an agreement. States could claim that the articles of the 

 draft text do not represent .a codification of international 

 law and that they are not bound by them. Regardless of this 

 point, however, it is probable that the provisions of the 

 text will speed the development of customary international 

 law in the directions indicated in the text; this would be 

 true especially for sections of the text, like the articles 

 on marine pollution, upon which general consensus had been 

 reached at UNCLOS III. See, e.g. , Laylin, "Emerging Cus- 

 tomary Law of the Sea," 10 Int. Law. 669 (1976). 



48. See, e.g. , Prof. Willem Riphagen (Professor, University of 

 the Hague and Member, International Law Commission) , "The 

 International Concern for the Environment as Expressed in 

 the Concept of 'Common Heritage of Mankind' and of 'Shared 

 Natural Resources'" (forthcoming). 



49. See R.Q. Quentin-Baxter, "Preliminary Report on Inter- 

 national Liability for Injurious Consequences Arising 

 Out of Acts Not Prohibited by International Law, UN Doc. 

 A/CN. 4/334 (24 June 1980), par. 20. 



50. See, e.g. , S. Schwebel, Special Rapporteur, International 

 Law Commission, "Second Report on the Law of the Non-Navi- 

 gational Uses of International Watercourses," UN Doc. 

 A/CN. 4/332. 



51. See generally resolutions contained in the publication 

 OECD and the Environment (Paris, 1976). 



52. See generally International Law Commission, "Draft Articles 

 on State Responsibility," Yearbook of the International 

 Law Commission 1979. 



