Pollution Prevention, Response and Compensation - Prevention of Pollution of the Marine Environment from Vessels - page 58

Damage, 2001 129 ; and the Nairobi International Convention on the Removal of
Wrecks, 2007. 130 In 2010, a Protocol to the 1996 HNS Convention was adopted to
address some practical problems to encourage early ratification of the

convention. 131
Most scholars give an optimistic outlook for the liability regime. 132 Alan Tan,
for example, argues that the regime guarantees prompt and adequate compensation
with direct action against the insurer. Moreover, it saves the unnecessary expenses
of arresting ships and enforcing judgments, while benefitting the ship-owners in
avoiding unnecessary delay to their trading schedules. 133 Tan also observes that
features such as strict liability, compulsory insurance, limitation funds, direct action
against insurers and cargo-financed supplemental funds have all benefited pollution
victims immensely. 134

3.10 Marine Pollution by Dumping of Wastes

Dumping of land-based wastes and other land-based sources of marine pollution is
even more of a dangerous issue for global ocean than vessel-source pollution.
Importantly, in this regard, IMO also administers the Convention on the Prevention
of Marine Pollution by Dumping of Wastes and Other Matter 1972 (London
Dumping Convention). 135 Dumping of land-based wastes cannot strictly be treated
as vessel-source pollution and this Convention is not an IMO convention. Rather,
this Convention was adopted in an inter-governmental conference held in London.
It prohibits the dumping of certain hazardous materials in the sea, specifically the
dumping of high level radioactive waste. The overall effectiveness of the

129 International Convention on Liability and Compensation for Bunker Oil Spills , opened for
signature 23 March 2001, IMO Doc LEG/CONF 12/19 (entered into force 21 November 2008).
130 Nairobi International Convention on the Removal of Wrecks , opened for signature 18 May
2007, IMO Doc LEG/CONF.16/19 (not yet in force).
131 Protocol of 2010 to the International Convention On Liability and Compensation for Damage
in Connection with the Carriage of Hazardous and Noxious Substances by Sea 1996, opened for
signature 30 April 2010, IMO Doc. LEG/CONF.17/10 (4 May 2010) (not yet in force).
132

Wolfrum ( 2007 ), p. 135. See also, Gold ( 1999 ) and Goransson ( 1999 ).

133

Tan ( 2006 ), p. 342.

134

Ibid.

135

Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter ,
opened for signature 29 December 1972, 11 ILM 1294 (entered into force 30 August 1975)
(London Dumping Convention). This convention defines dumping as “.1 any deliberate disposal
into the sea of wastes or other matter from vessels, aircraft, platforms or other man-made structures
at sea; .2 any deliberate disposal into the sea of vessels, aircraft, platforms or other man-made
structures at sea; .3 any storage of wastes or other matter in the seabed and the subsoil thereof from
vessels, aircraft, platforms or other man-made structures at sea; and .4 any abandonment or
toppling at site of platforms or other man-made structures at sea, for the sole purpose of deliberate
disposal.”