The London Convention: Jurisdiction and Liability Issues

Abstract For most of human history, dumping of waste was out of sight and out of mind. The London Convention and its 1996 Protocol forms part of a wider network of instruments under the 1982 United Nations Convention on the Law of the Sea that seek to protect and preserve the marine environment. This regime has come under pressure from new activities, as well as from developments in other areas of law. This paper provides some reflections on the key challenges facing the London Convention regime in terms of its jurisdictional reach and liability mechanisms. Whilst the regime responded to new forms of dumping, questions remain about how it can be used to respond to situations like the Fukushima incident and whether monitoring and reporting of dumping is effective. Perhaps more challenging is the lack of progress in developing an effective liability regime comparable to other harmful activities like oil pollution.