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16 Geo. Int'l Envtl. L. Rev. 657 (2003-2004)
International Conventions Relating to Land-Based Sources of Marine Pollution Control: Applications and Shortcomings

handle is hein.journals/gintenlr16 and id is 667 raw text is: International Conventions Relating to Land-Based Sources of Marine Pollution Control: Applications and Shortcomings DR. DAUD HASSAN* CONTENTS I. Introduction ......................................... 657 II. Treaty Law on LBSMP ................................. 660 A. Early Development ................................ 660 B. Development in the 1970s and Thereafter .................. . 662 1. The London Convention .......................... 663 2. LOSC - Provisions in Relations to LBSMP Control ........ 665 III. The MOX Plant Case ................................... 672 IV . C onclusion ......................................... 676 I. INTRODUCTION The world's oceans are being polluted and contaminated from land-based sources (LBS), vessel-based sources, waste dumping at sea, and offshore oil and mineral exploitation activities. However, several studies on the sources of pollutants show that LBS are the major contributory factor to marine pollution.' Usually, land-based sources of marine pollution (LBSMP) have a national source.2 That is, LBSMP originate from an area under the sovereignty of an * Dr. Daud Hassan is a full time academic at the University of New England School of Law, NSW-2351 and a JSPS Fellow. Dr. Hassan is a specialist in the areas of international environmental law, comparative environmental and the law of the sea. He has published many papers in these areas of law. 1. According to a 1990 global assessment on the state of marine environment, land based sources of marine pollution constitute 77% of marine pollution. Global Group of Experts on the Scientific Aspects of Marine Pollution (GESAMP), The State of the Marine Environment, para. 39 (1990); See also, Lee A. Kimball, The UN Conference of the Law of the Sea and Marine Environmental Protection, 7 GEO. INT'L ENVTL. L. REV. 745, 746 (1995). Consistent with statistics compiled by the GESAMP in 1993, major sources of marine pollution consisted of 44% land-based discharge, 33% atmospheric inputs from land, 12% marine transport, 10% dumping and one percent from oil exploration and production. EDGAR GOLD, GARD HANDBOOK ON MARINE POLLUTION 288 (2d ed. 1998). 2. As far as pollution is concerned, sources can refer to the places from which harmful substances that cause pollution are generated, and sometimes to human activities from which harmful substances are introduced to the environment. QUING-NAN MENG, LAND-BASED MARINE POLLUTION: INTERNATIONAL LAW AND DEVELOPMENT 18 (1987). International instruments have defined the concept of LBSMP. The Montreal Guidelines for the Protection of the Marine Environment from LBS, for example, define LBS as:

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