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

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80 Chapter 5<br />

The more detailed report of the Sen<strong>at</strong>e Committee on Commerce covered<br />

both pro-dumping and anti-dumping views. Nonetheless, it was<br />

unmistakably precautionary and prohibitory in tone. It quoted extensively<br />

from Cousteau’s st<strong>at</strong>ement <strong>at</strong> the Intern<strong>at</strong>ional Conference on Ocean<br />

Pollution (held after the House report was issued), and it frequently used<br />

images, arguments, and passages from th<strong>at</strong> st<strong>at</strong>ement. A portion of the<br />

report said: “We have tre<strong>at</strong>ed the oceans as enormous and indestructible—<br />

145 million square miles of surface—the universal sewer of mankind.<br />

Previously we thought th<strong>at</strong> the legendary immensity of the ocean was such<br />

th<strong>at</strong> man could do nothing against such a gigantic force. But the real volume<br />

of the ocean is very small when compared to the volume of the earth<br />

and to the volume of toxic wastes th<strong>at</strong> man can produce with his technological<br />

capability. The w<strong>at</strong>er reserve on our spaceship is very small. And<br />

again, as Captain Cousteau has said: ‘The cycle of life is intric<strong>at</strong>ely tied<br />

with the cycle of w<strong>at</strong>er. Anything done against the w<strong>at</strong>er is a crime against<br />

life. The w<strong>at</strong>er system has to remain alive if we are to remain alive on this<br />

earth.’” (Marine Protection, Research, and Sanctuaries Act of 1972, Sen<strong>at</strong>e<br />

Report 92-451, 92nd Congress, 1st session, 1971, p. 4237) Parts of this<br />

passage, which emphasized norms and ethical concerns but which contained<br />

little scientific evidence, were l<strong>at</strong>er quoted repe<strong>at</strong>edly in the Sen<strong>at</strong>e<br />

deb<strong>at</strong>e on the dumping bill. 34<br />

The Council on Environmental Quality and the Department of St<strong>at</strong>e<br />

pointed out during the hearings th<strong>at</strong> apparently all waste dumped off U.S.<br />

coasts origin<strong>at</strong>ed in the U.S., and th<strong>at</strong> this situ<strong>at</strong>ion was not expected to<br />

change in the future (Russell Train, “St<strong>at</strong>ement,” in U.S. House of<br />

Represent<strong>at</strong>ives, Ocean Dumping of <strong>Waste</strong> M<strong>at</strong>erials, p. 170; John<br />

Stevenson, “St<strong>at</strong>ement,” in U. S. Sen<strong>at</strong>e, Ocean <strong>Waste</strong> <strong>Disposal</strong>, p. 193).<br />

Foreign dumpers did therefore not represent a thre<strong>at</strong> to U.S. w<strong>at</strong>ers. From<br />

a r<strong>at</strong>ional economic point of view, there was no evidence th<strong>at</strong> a global<br />

regime was needed to compliment U.S. domestic action. 35 The situ<strong>at</strong>ion was<br />

different in Europe, however, where geographical proximity and shallow<br />

seas cre<strong>at</strong>ed a disincentive for unil<strong>at</strong>eral action.<br />

Instead of reasoning as realism’s r<strong>at</strong>ional egoists exclusively concerned<br />

with the protection of American n<strong>at</strong>ional interests, important U.S. politicians<br />

thus perceived ocean dumping as a fundamentally global environmental<br />

problem concerning all humankind. The House committee’s report

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