The Contracting Members of the London Dumping Convention are considering the establishment of a liability regime for dumping operations. The obligation for the establishment of such a regime is included in the provisions of the Convention and is linked with a moratorium on dumping of radioactive waste. This article discusses general principles of state responsibility for environmental protection and the specific obligations for states and individuals included in the Convention. It examines evidence pointing to the recognition of a need for a liability regime, the nature of liability for dumping operations, and the associated issues of reparation and compensation systems. The article concludes that the development of a liability regime for all dumping activities is the next necessary step to progress the effective application and interpretation of the convention, and it suggest a number of principles to be taken into consideration for the development of such a regime.
George C. Kasoulides,
State Responsibility and Assessment of Liability for Damage Resulting from Dumping Operations,
San Diego L. Rev.
Available at: https://digital.sandiego.edu/sdlr/vol26/iss3/3