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IV. The Convention on the Prevention of the Dumping of Wastes and Other Pollutants into the Seas and Oceans and Its 1996 Protocol

2001-07-09 14:36
From the end of the 2nd World War to the 60s of the 20th century, with the development of maritime and coastal economy, the quantities of daily life or even military wastes directly dumped into the seas and oceans by the various countries through vessels, air vehicles, maritime platforms and other man-made structures shot up radically. According to the statistics, between 1946 and 1970 the dumping of radioactive wastes alone reached more than 90000 barrels and caused serious pollution and damage to the ecosystem in the relevant sea areas. To prevent the disorderly pervasion of waste dumping into the seas and oceans, the negotiation chaired by the International Maritime Organization formulated The Convention on the Prevention of the Dumping of Wastes and Other Pollutants into the Seas and Oceans (hereinafter as the convention).

On December 3, 1972 the convention was signed by government representatives of 80 countries and went into force on August 30, 1975. Up to the end of 2000, there were 78 contracting parties to the convention. China acceded to the convention on November 15, 1985; on December 15 of the same year, the convention took effect in China. Apart from the obligations of the contracting parties established by the formal articles and clauses, the convention also clearly lists three annexes which respectively make detailed stipulations on "substances prohibited to be dumped into the seas and oceans", "substances which require special permits for dumping"and "substances which need general permits for dumping".

Along with the further development of the global economy, the pressure of waste dumping faced by the seas and oceans is daily increasing. Therefore, the Agenda for the 21st Century adopted by the Conference on Environment and Development in 1992 puts forward new requirements for the prevention of the pollution of the seas and oceans by waste dumping and simultaneously requires necessary improvement in the convention. Therefore, the Special Annual Meeting of the Contracting Parties to the Convention held in 1996 adopted a protocol, i.e. the 1996 Protocol which aims at reinforcing and improving the provisions of the convention. The protocol was signed by 80 countries including China. Up to the end of 2000, 10 countries ratified the protocol. It is estimated that it would come into force in 2003.

The 22nd session of the Meeting of the Consultative Parties to the Convention (i.e. contracting parties) was held in London from September 18 to 22, 2000. 33 contracting parties sent delegations and 10 international organizations sent observers to attend the meeting. China sent a delegation consisted of officials from the State Maritime Administration, the Foreign Ministry, the Ministry of Communications and the China Maritime Oil Controlling Company to the meeting. Due to financial and technical reasons, some state parties found it difficult to fulfil the obligations provided for by the convention, or could not even send delegates to attend the meeting. Therefore, the meeting discussed matters concerning the execution of the convention first. The meeting called on all parties to sincerely carry out their obligations under the convention. To solve some technical and operation problems its implementation might face after the 1996 Protocol takes effect, the meeting held consultations on the "Guide to the Execution of the Convention". Some developed countries attempted to set even more harsh obligations for the contracting parties. The Chinese delegate stressed that firstly the guide was but an explanatory document, no extra obligations outside the convention and the protocol should be set; secondly the guide should take into consideration the domestic legislation of the various countries; it should not unify the contents of the domestic laws of the various countries and lump them in one single document without differentiation; thirdly the protocol was formulated after the 1992 Conference on the Environment and Development, the principle established by the conference of providing the developing countries with financial and technical assistance should also apply to the issue of waste dumping. If the financial and technical problems were not resolved, it would be difficult for the developing countries to comprehensively implement the convention and the protocol. Furthermore, the meeting also held negotiations and consultations on the definition of "industrial wastes", rules of procedure and the guide to appraising wastes.
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