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

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4<br />

Scientific Advice and Ocean Dumping:<br />

Knowledge-Based Regime Analysis<br />

Since the ocean dumping problem gave rise to a global regime, reflectivists<br />

would be inclined to believe th<strong>at</strong> in 1972 most st<strong>at</strong>es perceived ocean dumping<br />

as a global commons problem and th<strong>at</strong> the negoti<strong>at</strong>ions on the regime<br />

would proceed as a largely cooper<strong>at</strong>ive process. This was not the case, however,<br />

as Russell Train, head of the U.S. deleg<strong>at</strong>ion to the London Convention<br />

negoti<strong>at</strong>ions, explained before the United St<strong>at</strong>es Sen<strong>at</strong>e Committee on<br />

Foreign Rel<strong>at</strong>ions in the spring of 1972: “Perhaps naively, I had thought<br />

everybody would be in favor of doing something effective about stopping<br />

dumping in the ocean, but we have found th<strong>at</strong> many of the [less developed<br />

countries] are very leery of getting into this. They would r<strong>at</strong>her not have a<br />

convention.” (Train 1972, p. 17)<br />

The proposal to establish a global ocean dumping regime was made by<br />

the United St<strong>at</strong>es. Reflective scholars would therefore examine whether scientists<br />

and experts had persuaded U.S. decision makers to propose th<strong>at</strong><br />

st<strong>at</strong>es work together in controlling ocean dumping. This group of theorists<br />

would assume th<strong>at</strong> decision makers, who would be uncertain about the<br />

n<strong>at</strong>ure of the ocean dumping problem, its possible solutions, and costs of<br />

possible control str<strong>at</strong>egies, would consult and possibly take advice from<br />

marine biologists, ecologists, and other scientists serving as policy experts.<br />

Reflectivists would expect th<strong>at</strong> decision makers would then transform consensual<br />

or nearly consensual knowledge and expert advice into stringent<br />

control of ocean dumping.<br />

Scholars stressing the importance of technical and scientific knowledge<br />

would, in addition, investig<strong>at</strong>e whether marine scientists and other experts<br />

would constitute an epistemic community providing decision makers with<br />

nonconflicting scientific advice. Epistemic-community theorists would<br />

examine whether intern<strong>at</strong>ional expert advice and pressure had influenced

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