INTERNATIONAL MARITIME ORGANIZATION Maritime Knowledge Centre

ORIGINS OF THE LONDON CONVENTION

Historic events and documents leading up to the 1972 adoption of the London Convention

Marianne Harvey

This document on the origins of the1972 London Convention is made available for information purposes. It should be noted that it does not provide a full and complete record of the negotiations leading up to the 1972 London Convention. The document uses as its basis document LP-CG 5/8 (27 July 2012) submitted by the Chairman of the Compliance Group for the Fifth Meeting of the Compliance Group under the London Protocol (27-28 October 2012). The document is available on the IMO website (September 2012).
Maritime Knowledge Centre, 2012

Introduction Dumping at sea of waste generated on land and loaded on board specialized dumping vessels had been carried out for several years by industrialized countries before international rules to prevent marine pollution from this practice entered into force, first in 1974 with the Convention for the Prevention of Marine Pollution by Dumping from Ships and Aircraft (the "Oslo Convention")1 and in 1975 with the Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter, 1972 (London Convention) for marine waters worldwide other than the internal waters of States. The purpose of the London Convention is to control all sources of marine pollution and prevent pollution of the sea through regulation of dumping into the sea of waste materials. The 1996 Protocol is a separate agreement that modernized and updated the London Convention, following a detailed review that began in 1993. The 1996 Protocol entered into force 24 March 2006. Background For hundreds of years, the seas have been used as a place to dispose of wastes resulting from human activity. The sea was seen as a place for getting rid of rubbish that was beginning to pile up on land, such as the sludge resulting from the dredging of ports and rivers, sewage treatment operations, tailings left over from mining, residues from the chemical industry, ash from power stations, and other unwanted wastes. The ability of the oceans to cope was taken for granted, providing that the wastes were dumped sufficiently far from land. By the early 1970s many millions of tonnes of waste were being dumped into the oceans each year, and there seemed to be very few controls over how it was carried out. In many countries concern began to grow about the wisdom of using the sea as an uncontrolled rubbish dump. It was widely felt that something should be done. At its 23rd session the General Assembly of the United Nations adopted resolution 2398 XXIII of 3 December 1968 convening a United Nations Conference on the Human Environment noting the continuing and accelerating impairment of the quality of the human environment and its consequent effects on the condition of man, his physical, mental and social well-being, his dignity and his enjoyment of basic human rights, in developing as well as developed countries, thus relating the Charter to emerging environmental issues. The resolution also recognized that the relationship between man and his environment is undergoing profound changes in the wake of modern scientific and technological developments. The President of the United States stated in a message to Congress (15 April 1970) that he was directing the Council on Environmental Quality to report on the problems and alternatives to ocean dumping and to recommend further action. On February 8th 1971 he further recommended domestic legislation. The Council on Environmental Quality issued its report in October 1970 under the title Ocean Dumping A National Policy, stating that there was a need for urgent action both at national and international levels for preventing the problem of dumping from growing to a great magnitude.
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Covers the North-East Atlantic. On 16 July 1971, a Dutch ship, the Stella Maris sailed from the port of Rotterdam to dump chlorinated waste in the North Sea but was obliged to return to port on 25 July without carrying out her mission because of the objection of public opinion and of the Governments of several countries. In February 1972, within eight months of this event, the Oslo Convention was signed, and entered into force in 1974.

By Resolution A.242 (VII) adopted on 13 October 1971, the then Intergovernmental Maritime Consultative Organization (IMCO)2 3noted the decisions of the General Assembly to convene in 1972 a United Nations Conference on the Human Environment. The Assembly Resolution taking into consideration the subject of the IMCO Conference on Marine Pollution to be held in 1973 4 requested the IMCO Council, the Maritime Safety Committee and the SecretaryGeneral (a) (b) to continue to participate fully in the preparatory work for the UN Conference on the Human Environment; to implement any decisions of that Conference entrusting responsibilities to IMCO, including functions in respect of the control of the dumping of shore-generated waste by ships or other craft operating in the marine environment.

8 to 19 February 1971, Geneva: The Preparatory Committee for the United Nations Conference on the Human Environment, Stockholm, 1972, established the Intergovernmental Working Group on Marine Pollution (IWGMP) At its second session held at Geneva the Committee carried out a preliminary examination of the question of marine pollution and recommended the establishment of an intergovernmental working group. The Working Group was to develop an integrated plan for dealing with marine pollution which included consideration of ocean dumping (A/CONF.48/PC.9) para 42. 14-18 June 1971, London: IMCO Headquarters. First session of the Intergovernmental Working Group on Marine Pollution (IWGMP) The session was attended by the representatives of 33 Member States. Representatives of FAO, IAEA, WHO, WMO, UNESCO and GESAMP 5 also attended together with representatives of the host organization IMCO. During this meeting, support was expressed for a proposal that an international agreement should be concluded regulating the dumping of wastes transported from land. The United States put before the Working Group a Draft Convention on the Regulation of Ocean Dumping6 (A/CONF.48/IWGMP.I/5 Annex V). UN members were invited to submit written comments on the proposal for consideration of the Working Group before its next session. November 8-12, 1971 Ottawa: Second session of the Intergovernmental Working Group on Marine Pollution (IWGMP) The meeting was attended by delegations from 42 countries and representatives of FAO, UNESCO/IOC, IAEA, WHO and IMCO 7 . The Group reached agreement on General Guidelines and Principles for the Preservation of the Marine Environment

The name of the Inter-Governmental Maritime Consultative Organization (IMCO) was changed in 1982 to the International Maritime Organization (IMO) In the context of marine pollution, the responsibilities of IMCO derive from article 1 of the IMCO Convention paragraph (a) which reads to provide machinery for co-operation among Governments in the field of governmental regulation and practices relating to technical matters of all kinds affecting shipping engaged in international trade IMCO Conference on Marine Pollution 1973 In connexion with the preparations for the UN Conference GESAMP prepared a preliminary review of Harmful Chemical Substances (GESAMP II/11, Annex V) relative to pollution of the marine environment including discharges from the shore. 10 ILM 1021 (1971); French version of the report (A/CONF.48/IWGMP.I/5) For a list of delegates and a list of documents see A/CONF.48/IWGMP.II/5 Annex II and Annex III).

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(A/CONF.48/IWGMP.II/5) 8 to be incorporated in the proposals to be made to the UN Stockholm Conference. Principle 3 read: States should use the best practicable means available to them to minimize the discharge of potentially hazardous substances to the sea by all routes, including land-based sources, such as rivers, outfalls and pipelines within national jurisdiction, as well as dumping by or from ships, aircraft and platforms. The US draft was also discussed and a Drafting Group established by the Working Group provisionally approved a set of draft articles of a convention on ocean dumping (A/CONF.48/IWGMP.II/5), para. 18)9 on the basis of draft conventions submitted by Spain (A/CONF.48/IWGMP.II/WP.IV), Sweden (A/CONF.48/IWGMP.II/WP.VII) and the United States (A/CONF.48/IWGMP.II/WP.III and Rev. 1 and 2) and draft amendments to the United States Draft Convention submitted by Australia (A.CONF.48/IWGMP.II/WP.V). The presentation by the Norwegian delegation on the Oslo Conference on Dumping held in Oslo from October 19 to 22nd, 1971 was also discussed (A/CONF.48/IWGMP.II/WP.VI). The Working Group took note of the articles, without commitment on the part of the Governments concerned, and agreed that the Governments should consult further on these matters, in the hope that agreement on concrete global action might be reached before the Stockholm Conference. January 1972: The IMCO Legal Committee at its eleventh session (10-14 January, 1972) considered the question of ocean dumping. The general consensus of the Committee was that it should not arrange its programme of work in order to prepare a draft convention on ocean dumping before the Stockholm Conference. However, it was the unanimous view of the Committee that on substantive as well as practical considerations, IMCO should be the appropriate body to deal with the substantive aspects of such a Convention if the Stockholm Conference did not adopt a Convention on the subject (LEG XI/ 9 (c) and LEG XI/12). Subsequently, the Government of Iceland with the co-sponsorship of the US and Sweden invited the members of the IWGMP to Reykjavik. April 10-15, 1972, Reykjavik: Third meeting of the Working Group Although this intergovernmental meeting on ocean dumping was not an official Stockholm meeting, the UN secretariat assisted the Icelandic government in the preparation and documentation to consider further the draft text of the ocean dumping Convention. 29 states and observers from the UN, FAO, IAEA and IMCO attended the meeting. Further consultation took place on the draft articles for a convention on ocean dumping on the basis of the draft articles developed during the Second Session of the IWGMP held in Ottawa (Working Paper no.1) and (IMOD/1 et seq), in an attempt to reach agreement before the UN Stockholm Conference. The meeting also considered the question of which organization might be entrusted to carry out the administrative functions for such a Convention. IMCO was represented by Mr. G. Lindencrona, Chairman of the Sub-Committee on Marine Pollution. The report of the Meeting (A/Conf.48/8/Add.1) together with the draft Articles of the Convention and a Resolution to forward the draft articles to the United Nations Conference on the Human Environment, for further consideration were drawn to the attention of the IMO Council at its 28th session in May 197210

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Also in IMO Document MSC XXV/5 (b) of 23 February 1972 Also in IMO Document MP/XI/7 of 17 November 1971); 11 ILM 19 (1972) IMO Document CXXVIII/12(a)/Add.1 of 25 April 1972

May 30-31 1972, London: Intergovernmental Meeting on Ocean Dumping The meeting was attended by 17 States. In order to discuss outstanding issues from the Reykjavik meeting, the Government of the UK convened an Intergovernmental Meeting on Ocean Dumping attended by 17 states. The results of its deliberations were forwarded to the Stockholm Conference on the Human Environment as a supplement to the text submitted by the Reykjavik meeting. (A/CONF.48/C.3/CRP.19)

June 5-16 1972, Stockholm: UN Conference on the Human Environment The Conference had before it as one of its official conference documents the Draft articles of a convention on ocean dumping (A/Conf.48/8/Add.1) and adopted the following Recommendation 86 (Report of the Conference)11 It is recommended that Governments .... (c) Ensure that ocean dumping by their nationals anywhere, or by any person in areas under their jurisdiction, is controlled and that Governments shall continue to work towards the completion of, and bringing into force as soon as possible of, an over-all instrument for the control of ocean dumping as well as needed regional agreements within the framework of this instrument, in particular for enclosed and semi-enclosed seas, which are more at risk from pollution; (d) Refer the draft articles and annexes contained in the report of the intergovernmental meetings at Reykjavik, Iceland, in April 1972 and in London in May 1972 to ... a conference of Governments to be convened by the Government of the United Kingdom of Great Britain and Northern Ireland in consultation with the Secretary-General of the United Nations before November 1972 for further consideration, with a view to opening the proposed convention for signature at a place to be decided by that Conference, preferably before the end of 1972; .... Paragraph 197 of the Report of the Conference recommended that a set of General principles for assessment and control of marine pollution should be endorsed by Governments. The Conference adopted a declaration of the Human Environment which included in principles 7 and 21 a general obligation of States to preserve the marine environment as follows: Principle 7: States shall take all possible steps to prevent pollution of the seas by substances that are liable to create hazards to human health, to harm living resources and marine life, to damage amenities or to interfere with other legitimate uses of the sea. Principle 21: States have, in accordance with the Charter of the United Nations and the principles of international law, the sovereign right to exploit their own resources pursuant to their own environmental policies, and the responsibility to ensure that activities within their jurisdiction or control do not cause damage to the environment of other States or of areas beyond the limits of national jurisdiction.

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Documents of the Conference are not freely available on the web. Requests may be made to Sergio Vieira de Mello UN Library: United Nations Environment Programme Nairobi, Kenya. Email: unlibrary@unon.org; Website: http://www.unlibrary-nairobi.org/

July/August 1972: Sub- Committee III of the UN Committee on the Peaceful Uses of the Sea-Bed and the Ocean Floor beyond the Limits of National Jurisdiction commented on the draft Convention. (A.AC.138/SR.45 A/AC.138/SC.III/SR.21; A/AC.138/SC.III/SR.24 and Report A/AC.138/84). October 30-November 13 1972, London: Inter-Governmental Conference on the Convention on the Dumping of Wastes at Sea In response to the recommendation of the Stockholm Conference the United Kingdom convened a conference which met in London from 30 October to 13 November 197212. The Conference met under the chairmanship of Dr. M. W. Holdgate of the UK. 82 Sates were represented and twelve sent observers. It was also attended by observers from the IAEA, IBRD, ILO, UNESCO/IOC, WMO and the EEC13 The Conference had before it document DWS 4 14containing the draft text resulting from the Reykjavik meeting of April 1972 with the amendments accepted at the London meeting of May 1972 (submitted to the Stockholm Conference) serving as the basic working document for the Conference. The documents15 were issued under the DWS and DWS (A) symbol ([Dumping of Wastes at Sea] in English, French, Spanish and Russian. The documents can be downloaded here. The Conference adopted the Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter. It was one of the first international conventions for the protection of the marine environment from human activities and came into force on 30 August 1975, 30 days after the deposit of the fifteenth instrument of ratification or accession. In accordance with Article XIV of the Convention, the United Kingdom Government convened the first meeting of Contracting Parties 16 in London from 17 to 19 December 1975. The Contracting Parties agreed to designate IMO to be responsible for the Secretariat duties in relation to the Convention and requested the Organization to assume and discharge those duties forthwith 17. GESAMP presented a report on Scientific Criteria for the Selection of Sites for Dumping of Wastes into the Sea18 and IAEA a Circular on the definition required by Annex I, para 6 to the Convention and Recommendations required by Annex II, Section D (INFCIRC/205/Add.1 of 10 January 1975). The First Consultative Meeting of Contracting Parties to the Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter took place on September 20 24 1976.19
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For a detailed overview see footnote 1 List of Participants (DWS 8). (DWS 4) List of documents issued at the Conference The first meeting of contracting parties in 1975 was followed by the First Consultative Meeting of Contracting Parties in September 1976 LDC (8) GESAMP Reports and Studies no3, September 1975 See Reports of sessions LDC 1 (1976) to LDC 14 (1991) and LC (15) to LC 19 (1997). For subsequent reports go to IMODOCS (free registration).

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The IMO Assembly adopted resolution (A.395(X) on 14 November 1977 requesting the Secretary-General of IMO and the IMO Council to take necessary measures to ensure the Secretariat duties and functions in relation to the LC were effectively carried out. Amendments adopted in 1993 (which entered into force in 1994) banned the dumping into sea of low-level radioactive wastes. In addition, the amendments phased out the dumping of industrial wastes by 31 December 1995 and banned the incineration at sea of industrial wastes. In 1996, Parties adopted a Protocol to the Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter, 1972 (known as the London Protocol) which entered into force in 2006.

REFERENCES Link to the IMO website A certified copy of the Convention in English, French, Spanish and Russian can be obtained from the maritimeknowledgecentre@imo.org The texts of the Convention and the three annexes are also available on: www.ecolex.org in English, Spanish and French United Kingdom. Inter-governmental conference on the Convention on the Dumping of Wastes at Sea, London, 30 October-13 November 1972. Final act of the conference with technical memorandum and resolution adopted by the Conference and Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter. London, HMSO, 1972 (Cmnd 5169) Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other matter, done Dec .29, 1972. [1975] 2 U.S.T. 2403, T.I.A.S No. 8165, 1046 UNTS 120 (E/F/R/S) Procs-verbal de rectification of the Authentic Russian text: 1148 UNTS 406 (E/F/R/S) INTER-GOVERNMENTAL MARITIME CONSULTATIVE ORGANIZATION (IMCO). InterGovernmental Conference on the Convention on the Dumping of Wastes at Sea, London, 30 October-13 November 1972. Final Act of the Conference with Technical Memorandum and Resolution adopted by the Conference and Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter. 1976 ed. Sales numbers: IMO-76.14.E, IMO76.14.S, IMO.76.14.R 1978 amendments issued as supplement to the above. INTER-GOVERNMENTAL MARITIME CONSULTATIVE ORGANIZATION (IMCO). InterGovernmental Conference on the Convention on the Dumping of Wastes at Sea, 1972. 1982 edition. Sales numbers: IMO-533A, ISBN 92-801-5018-9; IMO-534F, ISBN 92-801-2045-X; IMO-535R, ISBN 92-801-4021-3; IMO-536S, ISBN 92-801-3434-5. Includes 1978 and 1980 amendments. OFFICE FOR THE LONDON DUMPING CONVENTION AND INTERNATIONAL MARITIME ORGANIZATION. The London Dumping Convention: the First Decade and Beyond. Provisions of the Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter, 1972 (amended 1978, 1980 and 1989), and decisions made by the

Consultative Meeting of its Contracting Parties (1975-1989). 1991 ed. Sales numbers: IMO532E, ISBN 92-801-1276-7. (This publication was first issued as an attachment to IMO Document LDC XIII/INF.9 of 10 August 1990 (13th session of the Consultative Meeting of the Contracting Parties to the Convention on the Prevention of Wastes and Other Matter ( 29 October 2 November 1990).

IMCO Documents

C XXVIII/12(a) of 30 March 1972 - Council 28th session: Preparations for the United Nations Conference on the Human Environment, June 1972. Note by the Secretariat. Includes extract from Document A/CONF.48/8 chapter VIII (paras 192 to 240, pp 77 to 101) A comprehensive approach to the problem of marine pollution. C XXVIII/12(a)/Add.1 of 25 April 1972 - Council 28th session, London, 23 May 1972: Preparations for the United Nations Conference on the Human Environment, June 1972. Note by the Secretariat. Includes the Report of the Intergovernmental Meeting on Ocean Dumping adopted at Reykjavik, Iceland, on 15 April 1972, the draft articles of the Convention adopted at Reykjavik and a resolution to forward the draft articles to the United Nations Conference on the Human Environment. LEG XI/12 of 18 January 1972- Extract of Report of the Legal Committee 11th session January 1972. Preparations for the United Nations Conference on the Human Environment, pp 9-12. LEG XI/9 (c) of 24 November 1971 - Legal Committee 11th session January 1972. Preparations for the United Nations Conference on the Human Environment. MSC XXIII/10 (b)/1 of 28 January 1971 - Maritime Safety Committee 23rd session, London, October 1972: Preparations for the United Nations Conference on the Human Environment. Note by the Secretariat (includes Report of the [UN] Secretary-General -Preparatory Committee for the United Nations Conference on the Human Environment Second session Geneva 8-19 February 1971 A/CONF.48/PC.8. MSC XXIII/10 (b)/1/Add.1 of 3 February 1971 - Maritime Safety Committee 23rd session, London, October 1972: Preparations for the United Nations Conference on the Human Environment. Note by the Secretariat (includes an Appreciation of the present situation with regard to marine pollution from ships, vessels and other equipment operating in the marine environment prepared by the Secretariat). MSC XXIII/10 (b)/1/Add.2 of 4 March 1971 - Maritime Safety Committee 23rd session, London, October 1972: Preparations for the United Nations Conference on the Human Environment. Note by the Secretariat. MSC XXV/5 (b) Add.1 of 20 March 1972 - Maritime Safety Committee 26th session, London, October 1972: Preparations for the United Nations Conference on the Human Environment. Note by the Secretariat.

The Annex reproduces the General Guidelines and Principles for the Preservation of the Human Environment. MSC XXVI/7(d) of 3 August 1972 - Maritime Safety Committee 26th session, London, October 1972 : United Nations Conference on the Human Environment. Note by the Secretariat. Includes: in Annex II UN documents of the Stockholm Conference: A/CONF.48/CRP.14 of 13 June 1972: Report of the Third Committee: Identification and Control of Pollutants of Broad International Significance, International Organizational Implications of Action Proposals A/Conf.48/CRP.14/Add.1 of 13 June 1972. Report of the Third Committee: International Organizational Implications of Action Proposals (agenda item 15) in Annex III Extract from A/CONF. 48/8 para 197 Set of General Principles for Assessment and Control of Marine Pollution ( 23 principles) in Annex IV: Extract from the Report of the Intergovernmental Working group on marine Pollution on its second session (A/CONF.48/IWGMP.II/5) paras 12 (draft proposals submitted by the delegation of Canada) and 13

MSC XXVI/7(d)/Add.1 of 24 August 1972 - Maritime Safety Committee 26th session, London, 30 October 1972: United Nations Conference on the Human Environment. Note by the Secretariat. MP XI/7 of 17 November 1971 - Sub-Committee on Marine Pollution. Preparations for the United Nations Conference on the Human Environment. Note by the Secretariat

Further reading CHECK SEALIBRARY THE ONLINE CATALOGUE OF THE MARITIME KNOWLEDGE CENTRE AMERICAN SOCIETY OF INTERNATIONAL LAW. The Question of an Ocean Dumping Convention Conclusions of the Working group on an Ocean Dumping Convention and background paper by Lawson. A.W. Hunter. Washington, American Society of International Law], 1972 Studies in transnational legal policy, no2 (Appendix: selected texts of draft conventions on ocean dumping.) Duncan, Rodney N. The 1972 Convention on the Prevention of Marine Pollution by Dumping of Wastes at Sea. 5 Journal of Maritime Law and Commerce 299 (1973-1974) Kindt, J. W. Marine Pollution and the Law of the Sea. Vol II. Chapter 12: Ocean Dumping, William Hein & Co., 1986, bibliogr. pp. 1085-1152 (N.B. A modified version of Chapter 12 was published as: Kindt, Ocean Dumping, 13 Denver Journal of International law & Policy 335 (1984) Leitzell, Terry L. The Ocean Dumping Convention - A Hopeful Beginning. 10 San Diego L. Rev. 502 (1972-1973)

Mendelsohn, Allan I. Ocean Pollution and the 1972 United Nations Conference on the Environment. 3 Journal of Maritime Law and Commerce 385 (1971-1972) Oda, Shigeru. Marine Pollution and International Law. In: Fifty Years of the Law of the Sea. Kluwer Law International, 2003 (ISBN 90 411 21 76 5) Google Extract pp 419 et seq Oda, Shigeru. The Law of the Sea in Our time 1966-1975. Sijthoff, 1977 (ISBN 90 28602771) Google extract, pp 201 et seq Ringius, Lasse. Radioactive Waste Disposal at Sea: Public Ideas, Transnational Policy Entrepreneurs, and Environmental Regimes (Google eBook). Chapter 6 Negotiating the Global Ocean Dumping Regime: Interest-Based Regime Analysis. Google extract London, MIT Press, 2001(ISBN 0-262-68118-8) Schenker, Michael S. Saving a Dying Sea. The London Convention on Ocean Dumping. 7 Cornell Int'l L. J. 32 (1973-1974) Timagenis, Greg J. International Control of Marine Pollution. Vol I. chapter 6: Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter, 1972. Oceana Publications, 1980, pp. 171-315 Timagenis, Greg J. International Control of Dumping at Sea. 2 Anglo-American Law Review 157 (1973) US Senate Executive Report . Convention on the Prevention of marine pollution. Message of the US President transmitting the text of the Convention to the Senate ( contains at pp. 15-47 the text of the Report of the US Delegation to the 1972 London Convention. This Report contains interesting comments on the course of the negotiations. Welsch, Hubertus. The London Dumping Convention and Sub-seabed Disposal of Radioactive Waste. German Yearbook of International Law, vol. 28, 1985, pp.322-354 (see in particular his comments on the definition of dumping). This article is based on the authors Thesis: Welsch, Hubertus. Die vlkerrechtliche Zulssigkeit des Verbringens radioaktiver Stoffe in den Meeresuntergrund (The Admissibility of Sub-Seabed Disposal of Radioactive Waste under the Rules of International Public Law) in Studien zum internationalen Wirtschafts- und Atomenergierecht (Studies on International Economy and Atomic Energy Law) Vol. 73, LIX, 206 S., Gttingen 1986 (ISBN 3-452-20747-1)

Compiled by Marianne Harvey, Head/ Maritime Knowledge Centre, IMO