Yearbook of International Environmental Law - Vol. 7

By Günther Handl; Jutta Brunnée et al. | Go to book overview

of restoring or replacing injured natural resources or acquiring equivalents of those resources or the lost functions that such resources perform pending recovery. The responsible party is not liable for damages determined through an economic valuation, but is liable for the cost of carrying out restoration activities.


(b) The United Kingdom

In November 1996, the United Kingdom agreed to examine the need for tougher anti-pollution controls being urged by Lord Donaldson, who conducted the inquiry into the oil spill caused by the Braer. Lord Donaldson called for new emergency powers that would enable ministers to issue orders to harbor authorities and cargo owners; clearer requirements for ships to be covered by maritime insurance; and assurances that "polluter-pays" fines imposed on shipping operators would not disappear into the general treasury. Support for this review was expressed during the Lords second reading debate of the Merchant Shipping and Maritime Security Bill. This Bill allows for increased compensation payments to victims of marine pollution and for shipowners to be charged for port state control inspections. It allows the government to require ports to prepare waste management plans and improve their waste reception facilities. It also provides for the designation--for safety reasons--of sea exclusion zones and strengthens vessel insurance requirements.

Lindy S. Johnson*


C. OCEAN DUMPING

(1) The London Convention

(a) General

As of December 1996, 75 states were parties to the 1972 Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter ( LC 1972). In 1996, no new parties acceded to LC 1972. No consultative meeting was held in 1996. Instead, a Special Meeting of Contracting Parties to Consider and Adopt (→) the 1996 Protocol to LC 1972 ( 1996 Protocol) convened in London from October 28 through November 8. The Special Meeting culminated in the adoption of the protocol on November 7. The 1996 Protocol, which revises LC 1972, consists of 29 Articles and 3 Annexes, forming integral parts of the Protocol.

At the outset it should be clarified that the 1996 Protocol is in fact an entirely new convention, modifying and adding to virtually every aspect of LC 1972. Article 23 provides that "[t]his Protocol will supersede the Convention as between Contracting Parties to this Protocol which are also Parties to the Convention." This approach was chosen to circumvent the

____________________
*
The views expressed in this report are solely those of the author and do not necessarily represent the position of the United States National Oceanic and Atmospheric Administration.

-157-

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