International rules regulating dumping in the Mediterranean Sea : a Maltese perspective

Abstract

The introduction of this thesis attempts to place the international law on dumping of wastes and other matter into the sea in its proper perspective. The main sources and forms of marine pollution are described, followed by a delineation of the historical evolution of marine environmental protection legislation with particular emphasis on the practice of ocean dumping. Chapter One analyses the contribution of the relevant global convention - the London Convention. It mainly covers the Convention's definition of dumping, its areas of application, its main framework, the permit system, jurisdiction and enforcement, and its relationship with other international agreements. Chapter Two deals with the regional role played by the Barcelona Convention (and, in particular, one of its Protocols) in regulating dumping within the Mediterranean. The Chapter first deals with the overall framework and the general provisions of the Barcelona Convention, followed by an in-depth analysis of the relevant Protocol. The Law of the Sea's contribution to the dumping regime, which is analysed in Chapter three, basically lies in clarifying the spatial delimitation of the coastal state's jurisdiction in regulating dumping, and imposes the obligations contained in international conventions on non-parties. It analyses the Convention's overall significance and compares its provisions to the previous instruments. Chapter Four discusses the implementation of international instruments into Mahese Law through the Code of Police Laws, the Marine Pollution (Prevention and Control) Act, Regulation 44 of Legal Notice 52 of 1986, and the Environment Protection Act 1991. It observes that the major source of reference in Maltese legislation concerning pollution by dumping is the Environment Protection Act, 1991. The Conclusion proposes the replacement of the dumping provisions contained in the Environment Protection Act by a slightly amended version of those found in the Marine Pollution (Prevention and Control) Act, to establish only one competent authority to issue licences, and to introduce a more wideranging prohibition of dumping, permitting only as an exception dredged spoils.