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International Law And Ocean Dumping: Steering A Precaution Course Aboard The 1996 London Protocol, But Still An Unfinished Voyage

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Chapter Summary

This chapter first provides an overview of the precautionary thrusts of the 1996 London Protocol supported through a reverse listing approach whereby only those wastes included on a global safe list may be considered for ocean dumping. It then highlights the sea of issues that still must be navigated in the Protocols implementation. Those issues include: exclusions and interpretation of the Protocol; clarification through additional guidance documents; regulation of new uses such as carbon sequestration in the seabed and ocean fertilization; provision for liability and compensation for harms resulting from ocean dumping; ensuring compliance; promotion of technical and financial assistance to developing countries; and achievement of universal acceptance of the Protocol. Finally, the chapter summarizes the strengths and challenges of the 1996 Protocol and suggests how the Protocol could be a model for addressing other international environmental challenges such as the further regulation of toxic chemicals.

Keywords: 1996 London Protocol; international environmental challenges; ocean dumping; precautionary thrusts



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