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

Conclusion 189
importance of agreeing on a definition of acceptability with respect to environmental
change.
The system of black and gray lists, essentially the global ocean dumping
regime’s approach to regulation, illustrates such shortcomings. It relies
heavily on the categorization of harmful substances as either safe or unsafe.
Marine scientists, however, do not categorize substances in this way, as they
find that the “biological effects of toxic materials are a function of their
concentration” (Stebbing 1992, p. 290). Put more crudely, it all depends
on the dose. But the black and gray lists do not take into consideration the
aggregate amount or concentration of wastes, the assimilative capacity of
the receiving body of ocean water, various uses of the oceans (e.g. recreation,
fishing, or exploitation of mineral resources), or dumping periods. 24
Furthermore, the convention, as one participant of early scientific working
groups has noted, “give[s] no specific criteria for the inclusion of materials
in [the black and gray lists] and . . . some of the substances were included
on the basis of very little scientific evidence” (Norton 1981, p. 147). This
regulatory approach of categorizing substances as either safe or unsafe for
regulatory purposes must be changed if the global ocean dumping regime
is to become more effective.
It now seems evident that much research is needed before marine scientists
will know which contaminants can be assimilated, and in which quantities.
Without comprehensive knowledge of the behavior of contaminants
in the marine environment and their effects on humans, it will be impossible
to make comparative risk assessments. Marine scientific research should
consequently be supported. There will otherwise be no foundation for a
more informed ocean dumping policy or for improvement of the black-andgray-lists
system. More knowledge will also have important implications
for public legitimacy of policy. Since the debate on the concept of assimilative
capacity presently is still evolving within the marine scientific community,
the scientific basis of ocean protection policies is vulnerable to
criticism. 25 A more permissive ocean dumping policy that lacked a firm scientific
foundation would be difficult to legitimize.
The science-based principle originally adopted in the London Convention
indirectly encourages manipulation of scientific and technical issues. It in
addition drives economic interests underground. It will be important to create
institutions for environmental protection that will take more than the