London Convention on the Prevention of Marine Pollution

THE CONVENTION: International agreement intended to halt the reckless dumping of wastes in marine waters

DATE: Opened for signature on December 29, 1972

While not the largest source of marine pollution, dumping of wastes at sea was the norm for the decades leading up to the Convention on the Prevention of Marine Pollution. With a burgeoning global population and new technology generating greater amounts of more potent waste, the need to limit this practice was and remains crucial.

The Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter, also known as the London Convention, was drafted and opened for signature in 1972 and entered into force in 1975. The aim of the convention is to prevent indiscriminate dumping of wastes at sea that could pose a threat to human health, damage marine life, or interfere with other uses of the sea. The convention applies to all marine waters other than a nation’s internal waters; it excludes land-based dumping.

The convention employs a so-called black list/gray list system. The black list specifies a number of dangerous pollutants that the parties to the convention are banned from dumping into marine waters, except in some cases where there are only trace levels of the or it is “rapidly rendered harmless.” Examples of pollutants found on the black list include radioactive waste, persistent plastics, mercury, cadmium, organohalides, and materials for chemical or biological warfare. In contrast, pollutants found on the gray list can be dumped with a permit and under conditions specified by the convention.

Signatory nations are responsible for setting up their own laws to implement the convention’s policies, and dumping figures are self-reported. The practice of self-reporting has at times hampered the convention’s effectiveness, such as during the 1980s, when the Soviet Union regularly failed to report its dumping of radioactive waste. The convention, however, includes arbitration procedures for those times when parties disagree on reporting. When issuing permits for dumping, member nations are required to record the types and amounts of materials dumped, when and where the dumping takes place, and the condition of the seas of the area where the materials are dumped.

The contracting parties to the convention meet regularly at annual consultative meetings at which issues are raised and addressed and policies are shaped. The meetings are organized by the International Maritime Organization, which acts as the secretariat of the convention. Generally, these meetings have widened the scope of the convention, adding new pollutants to the black list and setting tougher standards for permitting. The parties to the convention receive scientific and other expert input in making their decisions from a number of groups. The Scientific Group on Dumping, the convention’s principal advisory board, is made up of experts chosen by the contracting parties; the group provides advice on issues related to the implementation of the convention’s policies based on the latest scientific information.

In 1996 the London Protocol, a new agreement aimed at modernizing and eventually replacing the convention, was drafted. The protocol takes a much stricter stance on marine dumping, employing both the precautionary principle and the polluter pays principle. Regardless of the absence of conclusive evidence, the protocol regards all pollutants as detrimental to the marine environment. Thus, instead of black and gray lists, this agreement uses a “reverse list” that notes the pollutants permissible for dumping with a permit and bans all others. Also, parties are banned from exporting their to noncontracting parties for the purpose of dumping at sea. The London Protocol went into effect in 2006. By 2023, fifty-four states had become parties to the treaty.

Bibliography

Guruswamy, Lakshman D., with Kevin L. Doran. “Dumping.” In International Environmental Law in a Nutshell. 3d ed. St. Paul, Minn.: Thomson/West, 2007.

Louka, Elli. “Marine Environment.” In International Environmental Law: Fairness, Effectiveness, and World Order. New York: Cambridge University Press, 2006.

"Ocean Dumping: International Treaties." US Environmental Protection Agency, 7 Apr. 2024, www.epa.gov/ocean-dumping/ocean-dumping-international-treaties. Accessed 18 July 2024.