357 



B. Impact of the London Convention — 1. Annex I Materials. — As already noted, 

 the London Convention would prohibit the dumping of organohalogen com- 

 pounds, mercury and cadmium, as well as their compounds, persistent plastics 

 and other persistent synthetic materials, various oils taken on board for the 

 purposes of dumping, high-level radioactive wastes or other high-level radio- 

 active matter defined by the IAEA as unsuitable for dumping at sea, and agents 

 of biological and chemical warfare. The prohibitions wotild not apply to sub- 

 stances which are rapidly rendered harmless by physical, chemical, or biological 

 processes and which do not render the flesh of edible marine organisms unpala- 

 table or lead to a danger to human health or that of domestic animals. 



This would presumably end the dumping by the parties of various potentially 

 toxic or persistent substances which pose a distinct threat to the marine envi- 

 ronment. On the other hand, the exception for non-persistent, non-toxic sub- 

 stances would fall within the judgment of the national permit-granting author- 

 ities, and it is possible that permits will be granted in some countries for the 

 dumping of matter which others may regard as toxic or liave concerns about. 

 Relatedly, the parties could dump wastes containing "trace contaminants" or 

 organohalogens, mercury and cadmium and their compounds, persistent syn- 

 thetic substances and the various oils, whose dumping would normally be pro- 

 hibited. Moreover, pursuant to the Technical Memorandum of Agreement and 

 during an interim five-year period, wastes containing small quantities of inor- 

 ganic mercury and cadmiimi compounds, which are solidified by integration into 

 concrete, could be dumped in depths of not less than 3,500 meters "in conditions 

 which would cause no harm to the marine environment and its livin«r resources." 



Here too the effects of allowing deep-water dumping for an interim five-year 

 period would depend on the diligence with which national authorities observe 

 the prohibition against harmful dispersals and the adequacy of the containerizing 

 procedures. However, the other obligation on the parties to harmonize their 

 policies and to consult regularly on implemention should go far in fostering 

 uniformity in application under the treaty and should go far in assuring that its 

 spirit is carefully observed. Like all activities iinder the convention, the interim 

 dumping contemplated by the Technical Memorandum will be explicitly subject 

 to the procedures for continuing review, consultation and assessment set forth 

 in Article XIV of the Convention. 



2. Annex II Materials. — The London Convention will require special permits 

 from the authorities of the Party concerned for each dumping of scrap metal, 

 containers and bulky wastes liable to sink to the bottom and to obstruct fishing 

 and navigation ; and wastes containing significant amounts of arsenic, lead, 

 copi)er, zinc, organosiMcons, cyanides, fluorides, pesticides and radioactive wastes 

 or other radioactive matters. 



These requirements should force domestic authorities of each Party to scruti- 

 nize each proposed dumping of the materials listed, to apply rational criteria in 

 passing on applications, and to keep systematic records of how various types of 

 potentially harmful wastes have been deposited in particu'ar marine areas. This 

 Annex admittedly, also leaves the regulation of such dumping to the discretion of 

 domestic authorities, some of whom may be more liberal than others. And dif- 

 ferences may arise in the way in which different countries view the potential 

 harm of particular substances. Once again, however, the procedures for consul- 

 tation and the obligation on the parties harmonize their policies, should offset 

 divergencies. 



Annex II also requires that in granting permits for the dumping of large 

 quantities of acids and alkalies, that "consideration be given" to the presence 

 of the chemical substances listed above and to Iteryllium, chromium, nickel and 

 vanadium compounds. This provision would presumably encourage Parties to 

 exercise particular caution in allowing the disposal of those materials, which 

 generally have a harmful potential but are not as demonstrably persistent and 

 toxic as those in Annex I. 



Finally, the conti-ols required for dumping of Annex II materials would apply 

 to the interim deep-dumping of mercury and cadmium compounds i>ermitted by 

 the interpretation set forth in the Technical Memorandum. 



.3. Other Dumping. — The Convention requires that all other dumping be con- 

 ducted under permits or npprova's from domestic authorities, that the criteria 

 of Annex III be considered in granting such permits or approvals, and that ade- 

 quate records of such dumping be kept. The Draft does not recpiire specific per- 

 mits for each dumping of materials not in Annex I or II. However, it should 



