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Radioactive Waste Disposal at Sea: Public Ideas ... - IMO

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Explaining Regime Form<strong>at</strong>ion 111<br />

oriented epistemic scientists persuading and pressuring governmental decision<br />

makers in a number of counties to act against ocean dumping. The<br />

global ocean dumping regime was cre<strong>at</strong>ed not in response to significant<br />

improvements in scientific knowledge of the damaging effects of ocean<br />

dumping on the marine environment but in response to the powerful idea<br />

of “dying oceans” and to new environmental values and beliefs. Scientific<br />

uncertainty prevailed in regard to the environmental effects of ocean<br />

dumping.<br />

In chapter 4 I noted th<strong>at</strong> members of the U.S. Congress were given conflicting<br />

scientific advice in the early 1970s. Congressional hearings revealed<br />

deep disagreements between one group of experts, who denied th<strong>at</strong> waste<br />

disposal represented a serious danger, and another group (mostly ecologists<br />

and marine biologists), who asserted th<strong>at</strong> the limited assimil<strong>at</strong>ive capacity<br />

of the oceans should be protected by intern<strong>at</strong>ional regul<strong>at</strong>ion. Domestic<br />

ocean dumping regul<strong>at</strong>ion was not, therefore, established by policy makers<br />

responding to persuasion and pressures from a unified epistemic community.<br />

Moreover, this case confirms neither the notion of epistemic influence<br />

and its emphasis on consensual knowledge nor the implicit assumption th<strong>at</strong><br />

within each single policy area or issue area one unified epistemic community<br />

advises and influences decision makers. Surprisingly, the epistemiccommunity<br />

liter<strong>at</strong>ure has often ignored th<strong>at</strong> scientific communities and<br />

experts might be offering conflicting advice to policy makers. 1 Therefore,<br />

the liter<strong>at</strong>ure does not throw light on the selection or rejection of policy<br />

ideas in situ<strong>at</strong>ions where scientists disagree.<br />

The politics of expert advice is not well captured by knowledge-based<br />

theory either. Two groups of experts competed for policy influence. By powerfully<br />

communic<strong>at</strong>ing their advice and ideas to the public and to decision<br />

makers, environmentalists and “visible scientists” effectively neutralized<br />

the policy advice of disagreeing scientists. 2<br />

Testimony given before a congressional hearing in 1972 illustr<strong>at</strong>es the<br />

dominance of the pro-environmental viewpoint. Before explaining his<br />

view of the ocean dumping problem to the congressional committee, a<br />

marine geologist, who was opposed to a complete ban on ocean dumping,<br />

said: “I fully recognize th<strong>at</strong> this approach, as in my st<strong>at</strong>ement here, favors<br />

ocean disposal of all of certain types of wastes may seem contrary to<br />

everything you have heard or read regarding waste disposal <strong>at</strong> sea.”<br />

(Smith, “St<strong>at</strong>ement,” in U.S. Sen<strong>at</strong>e, Ocean <strong>Waste</strong> <strong>Disposal</strong>, p. 206) This

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