San Diego Law Review

Library of Congress Authority File


Document Type



What are the theories of existing and, if necessary, developing environmental international law of the sea under which these non-signatory nations can be prevented from future radioactive dumping? What international legal controls, outside the Convention, can signatory states avail themselves of to prevent the oceans of the world from becoming dangerously contaminated? These questions provide not only an interesting topic for comment, they represent vital and difficult issues for our future environment and survival. Not only is the introduction of radioactive wastes into the marine environment potentially the most dangerous of all marine pollution, the concomitant task of articulating controlling international law is exceedingly arduous, for it is felt that international customary law is an unsatisfactory tool, at its present level of development, for preventing pollution of the oceans. Indeed, the fact that a Dumping Convention had to be resorted to at all leads one to suspect international legal controls by themselves may not suffice. This Comment will attempt to dispel such gloom and present four bases for the legal prevention of nuclear pollution of the oceans resulting from the disposal of radioactive waste products by marine dumping. It is hoped these ideas will provide a meaningful starting point for others concerned with this vital issue.