yakdoli/chandra-27b-ocr-v1 huggingface dataset:
제16935호                         관             보                2009. 2.10. (화요일)
                                            제9조
재판부는 5개월을 초과하지 아니한 기간만큼 시한을 연장할 필요가 없는 한, 재판부가 구성된 날부
터 5개월 이내에 판정을 내려야 한다. 재판서의 판정에는 판결에 대한 사유서가 첨부된다. 판정은
최종적이고 상소할 수 없으며 사무총장에게 통지되고 사무총장은 모든 당사국에 이를 통지한다. 분
쟁 당사국들은 즉시 이 판정을 따라야 한다.
                                         선언서
 대한민국 정부는 대한민국 「해양환경관리법」의 규정에 의거 2015년 12월 31일까지 해양투기를
존속시킬 필요가 있는 보오크사이트 잔재물을 예외로 하여 1972년 런던협약에 대한 96년 의정서
제4조제1.1항 규정상의 폐기물 및 그 밖의 물질의 투기 금지 및 동 의정서 제1부속서에 열거된 예
외 사항을 수용한다.
 대한민국 정부는 어떠한 경우라도 2015년 12월 31일 이후부터는 보오크사이트 잔재물의 해양투
기를 허가하지 않을 것이다.
 대한민국 정부는 2015년 12월 31일 이전이라도 보오크사이트 잔재물의 해양투기 대체방안이 확
보되면 보오크사이트 잔재물 해양투기의 단계적 종료를 위하여 모든 노력을 다할 것이다.
 대한민국 정부는 보오크사이트 잔재물의 해양투기가 환경적으로 수용 가능하다는 것을 보증할 수
있도록 보오크사이트 잔재물 해양투기 영향을 모니터링하고, 모니터링 결과에 대하여 향후 96년 의
정서 당사국회의에 보고할 것이다.
        1996 PROTOCOL TO THE CONVENTION ON THE PREVENTION OF
                   MARINE POLLUTION BY DUMPING OF WASTES
                             AND OTHER MATTER, 1972
                 THE CONTRACTING PARTIES TO THIS PROTOCOL,
 STRESSING the need to protect the marine environment and to promote the sustainable
use and conservation of marine resources,
 NOTING in this regard the achievements within the framework of the Convention on
the Prevention of Marine Pollution by Dumping of Wastes and Other Matter, 1972 and
especially the evolution towards approaches based on precaution and prevention,
 NOTING FURTHER the contribution in this regard by complementary regional and
national instruments which aim to protect the marine environment and which take account
of specific circumstances and needs of those regions and States,
 REAFFIRMING the value of a global approach to these matters and in particular the
importance of continuing co-operation and collaboration between Contracting Parties in
implementing the Convention and the Protocol,
 RECOGNIZING that it may be desirable to adopt, on a national or regional level, more
stringent measures with respect to prevention and elimination of pollution of the marine
environment from dumping at sea than are provided for in international conventions or

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제16935호                           관            보               2009. 2.10. (화요일)
other types of agreements with a global scope,
 TAKING INTO ACCOUNT relevant international agreements and actions, especially
the United Nations Convention on the Law of the Sea, 1982, the Rio Declaration on
Environment and Development and Agenda 21,
 RECOGNIZING ALSO the interests and capacities of developing States and in particular
small island developing States,
 BEING CONVINCED that further international action to prevent, reduce and where
practicable eliminate pollution of the sea caused by dumping can and must be taken
without delay to protect and preserve the marine environment and to manage human
activities in such a manner that the marine ecosystem will continue to sustain the
legitimate uses of the sea and will continue to meet the needs of present and future
generations,
 HAVE AGREED as follows:
                                       ARTICLE 1
                                      DEFINITIONS
 For the purposes of this Protocol:
1. “Convention” means the Convention on the Prevention of Marine Pollution by Dumping
 of Wastes and Other Matter, 1972, as amended.
2. “Organization” means the International Maritime Organization.
3. “Secretary-General” means the Secretary-General of the Organization.
4. 1. “Dumping” means:
 1. any deliberate disposal into the sea of wastes or other matter from vessels, aircraft,
   platforms or other man-made structures at sea;
 2. any deliberate disposal into the sea of vessels, aircraft, platforms or other man-
   made structures at sea;
 3. any storage of wastes or other matter in the seabed and the subsoil thereof from
   vessels, aircraft, platforms or other man-made structures at sea; and
 4 any abandonment or toppling at site of platforms or other man-made structures at
   sea, for the sole purpose of deliberate disposal.
2. “Dumping” does not include:
 1. the disposal into the sea of wastes or other matter incidental to, or derived from the
   normal operations of vessels, aircraft, platforms or other man-made structures at sea
   and their equipment, other than wastes or other matter transported by or to vessels,
   aircraft, platforms or other man-made structures at sea, operating for the purpose of
   disposal of such matter or derived from the treatment of such wastes or other matter

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제16935호                          관              보               2009. 2.10. (화요일)
   on such vessels, aircraft, platforms or other man-made structures;
 2. placement of matter for a purpose other than the mere disposal thereof, provided
   that such placement is not contrary to the aims of this Protocol; and
 3. notwithstanding paragraph 4.1.4, abandonment in the sea of matter (e.g., cables,
   pipelines and marine research devices) placed for a purpose other than the mere
   disposal thereof.
3. The disposal or storage of wastes or other matter directly arising from, or related
 to the exploration, exploitation and associated off-shore processing of seabed mineral
 resources is not covered by the provisions of this Protocol.
5. 1. “Incineration at sea” means the combustion on board a vessel, platform or other
 man-made structure at sea of wastes or other matter for the purpose of their
 deliberate disposal by thermal destruction.
 2. “Incineration at sea” does not include the incineration of wastes or other matter on
   board a vessel, platform, or other man-made structure at sea if such wastes or other
   matter were generated during the normal operation of that vessel, platform or other
   man-made structure at sea.
6. “Vessels and aircraft” means waterborne or airborne craft of any type whatsoever.
 This expression includes air-cushioned craft and floating craft, whether self-propelled
 or not.
7. “Sea” means all marine waters other than the internal waters of States, as well
 as the seabed and the subsoil thereof; it does not include sub-seabed repositories
 accessed only from land.
8. “Wastes or other matter” means material and substance of any kind, form or
 description.
9. “Permit” means permission granted in advance and in accordance with relevant
 measures adopted pursuant to article 4.1.2 or 8.2.
10. “Pollution” means the introduction, directly or indirectly, by human activity, of wastes
 or other matter into the sea which results or is likely to result in such deleterious
 effects as harm to living resources and marine ecosystems, hazards to human health,
 hindrance to marine activities, including fishing and other legitimate uses of the sea,
 impairment of quality for use of sea water and reduction of amenities.
                                        ARTICLE 2
                                      OBJECTIVES
 Contracting Parties shall individually and collectively protect and preserve the marine
environment from all sources of pollution and take effective measures, according to their

                                               22
제16935호                           관           보               2009. 2.10. (화요일)
scientific, technical and economic capabilities, to prevent, reduce and where practicable
eliminate pollution caused by dumping or incineration at sea of wastes or other matter.
Where appropriate, they shall harmonize their policies in this regard.
                                          ARTICLE 3
                                   GENERAL OBLIGATIONS
1. In implementing this Protocol, Contracting Parties shall apply a precautionary
     approach to environmental protection from dumping of wastes or other matter whereby
     appropriate preventative measures are taken when there is reason to believe that
     wastes or other matter introduced into the marine environment are likely to cause harm
     even when there is no conclusive evidence to prove a causal relation between inputs
     and their effects.
2. Taking into account the approach that the polluter should, in principle, bear the cost
     of pollution, each Contracting Party shall endeavour to promote practices whereby those
     it has authorized to engage in dumping or incineration at sea bear the cost of meeting
     the pollution prevention and control requirements for the authorized activities, having
     due regard to the public interest.
3.     In implementing the provisions of this Protocol, Contracting Parties shall act so as
     not to transfer, directly or indirectly, damage or likelihood of damage from one part of
     the environment to another or transform one type of pollution into another.
4. No provision of this Protocol shall be interpreted as preventing Contracting Parties
     from taking, individually or jointly, more stringent measures in accordance with
     international law with respect to the prevention, reduction and where practicable
     elimination of pollution.
                                          ARTICLE 4
                          DUMPING OF WASTES OR OTHER MATTER
1. 1. Contracting Parties shall prohibit the dumping of any wastes or other matter with
     the exception of those listed in Annex 1.
     2. The dumping of wastes or other matter listed in Annex 1 shall require a permit.
      Contracting Parties shall adopt administrative or legislative measures to ensure
      that issuance of permits and permit conditions comply with provisions of Annex 2.
      Particular attention shall be paid to opportunities to avoid dumping in favour of
      environmentally preferable alternatives.
2. No provision of this Protocol shall be interpreted as preventing a Contracting Party
     from prohibiting, insofar as that Contracting Party is concerned, the dumping of
     wastes or other matter mentioned in Annex 1. That Contracting Party shall notify the

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제16935호                          관              보              2009. 2.10. (화요일)
 Organization of such measures.
                                       ARTICLE 5
                                INCINERATION AT SEA
 Contracting Parties shall prohibit incineration at sea of wastes or other matter.
                                       ARTICLE 6
                      EXPORT OF WASTES OR OTHER MATTER
 Contracting Parties shall not allow the export of wastes or other matter to other
countries for dumping or incineration at sea.
                                       ARTICLE 7
                                   INTERNAL WATERS
1. Notwithstanding any other provision of this Protocol, this Protocol shall relate to
 internal waters only to the extent provided for in paragraphs 2 and 3.
2. Each Contracting Party shall at its discretion either apply the provisions of this
 Protocol or adopt other effective permitting and regulatory measures to control the
 deliberate disposal of wastes or other matter in marine internal waters where such
 disposal would be “dumping” or “incineration at sea” within the meaning of article 1, if
 conducted at sea.
3. Each Contracting Party should provide the Organization with information on legislation
 and institutional mechanisms regarding implementation, compliance and enforcement in
 marine internal waters. Contracting Parties should also use their best efforts to provide
 on a voluntary basis summary reports on the type and nature of the materials dumped
 in marine internal waters.
                                       ARTICLE 8
                                      EXCEPTIONS
1. The provisions of articles 4.1 and 5 shall not apply when it is necessary to secure the
 safety of human life or of vessels, aircraft, platforms or other man-made structures
 at sea in cases of force majeure caused by stress of weather, or in any case which
 constitutes a danger to human life or a real threat to vessels, aircraft, platforms or
 other man-made structures at sea, if dumping or incineration at sea appears to be
 the only way of averting the threat and if there is every probability that the damage
 consequent upon such dumping or incineration at sea will be less than would otherwise
 occur. Such dumping or incineration at sea shall be conducted so as to minimize the
 likelihood of damage to human or marine life and shall be reported forthwith to the
 Organization.
2. A Contracting Party may issue a permit as an exception to articles 4.1 and 5, in

                                            2
                                                4
제16935호                          관             보                 2009. 2.10. (화요일)
 emergencies posing an unacceptable threat to human health, safety, or the marine
 environment and admitting of no other feasible solution. Before doing so the
 Contracting Party shall consult any other country or countries that are likely to be
 affected and the Organization which, after consulting other Contracting Parties, and
 competent international organizations as appropriate, shall, in accordance with article
 18.6 promptly recommend to the Contracting Party the most appropriate procedures
 to adopt. The Contracting Party shall follow these recommendations to the maximum
 extent feasible consistent with the time within which action must be taken and with
 the general obligation to avoid damage to the marine environment and shall inform the
 Organization of the action it takes. The Contracting Parties pledge themselves to assist
 one another in such situations.
3. Any Contracting Party may waive its rights under paragraph 2 at the time of, or
 subsequent to ratification of, or accession to this Protocol.
                                       ARTICLE 9
                      ISSUANCE OF PERMITS AND REPORTING
1. Each Contracting Party shall designate an appropriate authority or authorities to:
 1. issue permits in accordance with this Protocol;
 2. keep records of the nature and quantities of all wastes or other matter for which
   dumping permits have been issued and where practicable the quantities actually
   dumped and the location, time and method of dumping; and
 3. monitor individually, or in collaboration with other Contracting Parties and competent
   international organizations, the condition of the sea for the purposes of this Protocol.
2. The appropriate authority or authorities of a Contracting Party shall issue permits
 in accordance with this Protocol in respect of wastes or other matter intended for
 dumping or, as provided for in article 8.2, incineration at sea:
 1. loaded in its territory; and
 2. loaded onto a vessel or aircraft registered in its territory or flying its flag, when the
   loading occurs in the territory of a State not a Contracting Party to this Protocol.
3. In issuing permits, the appropriate authority or authorities shall comply with the
 requirements of article 4, together with such additional criteria, measures and
 requirements as they may consider relevant.
4. Each Contracting Party, directly or through a secretariat established under a regional
 agreement, shall report to the Organization and where appropriate to other Contracting
 Parties:
 1. the information specified in paragraphs 1.2 and 1.3;

                                            25
제16935호                            관             보                2009. 2.10. (화요일)
 2. the administrative and legislative measures taken to implement the provisions of this
   Protocol, including a summary of enforcement measures; and
 3. the effectiveness of the measures referred to in paragraph 4.2 and any problems
   encountered in their application.
 The information referred to in paragraphs 1.2 and 1.3 shall be submitted on an annual
 basis. The information referred to in paragraphs 4.2 and 4.3 shall be submitted on a
 regular basis.
5. Reports submitted under paragraphs 4.2 and 4.3 shall be evaluated by an appropriate
 subsidiary body as determined by the Meeting of Contracting Parties. This body will
 report its conclusions to an appropriate Meeting or Special Meeting of Contracting
 Parties.
                                        ARTICLE 10
                           APPLICATION AND ENFORCEMENT
1. Each Contracting Party shall apply the measures required to implement this Protocol
 to all:
 1. vessels and aircraft registered in its territory or flying its flag;
 2. vessels and aircraft loading in its territory the wastes or other matter which are to
   be dumped or incinerated at sea; and
 3. vessels, aircraft and platforms or other man-made structures believed to be engaged
   in dumping or incineration at sea in areas within which it is entitled to exercise
   jurisdiction in accordance with international law.
2. Each Contracting Party shall take appropriate measures in accordance with
 international law to prevent and if necessary punish acts contrary to the provisions of
 this Protocol.
3. Contracting Parties agree to co-operate in the development of procedures for the
 effective application of this Protocol in areas beyond the jurisdiction of any State,
 including procedures for the reporting of vessels and aircraft observed dumping or
 incinerating at sea in contravention of this Protocol.
4. This Protocol shall not apply to those vessels and aircraft entitled to sovereign
 immunity under international law. However, each Contracting Party shall ensure by the
 adoption of appropriate measures that such vessels and aircraft owned or operated by
 it act in a manner consistent with the object and purpose of this Protocol and shall
 inform the Organization accordingly.
5. A State may, at the time it expresses its consent to be bound by this Protocol, or at
 any time thereafter, declare that it shall apply the provisions of this Protocol to its

                                              26
제16935호                          관              보              2009. 2.10. (화요일)
 vessels and aircraft referred to in paragraph4, recognising that only that State may
 enforce those provisions against such vessels and aircraft.
                                      ARTICLE 11
                                COMPLIANCE PROCEDURES
1. No later than two years after the entry into force of this Protocol, the Meeting of
 Contracting Parties shall establish those procedures and mechanisms necessary to
 assess and promote compliance with this Protocol. Such procedures and mechanisms
 shall be developed with a view to allowing for the full and open exchange of
 information, in a constructive manner.
2. After full consideration of any information submitted pursuant to this Protocol and any
 recommendations made through procedures or mechanisms established under paragraph
 1, the Meeting of Contracting Parties may offer advice, assistance or co-operation to
 Contracting Parties and non-Contracting Parties.
                                      ARTICLE 12
                                REGIONAL CO-OPERATION
 In order to further the objectives of this Protocol, Contracting Parties with common
interests to protect the marine environment in a given geographical area shall endeavour,
taking into account characteristic regional features, to enhance regional co-operation
including the conclusion of regional agreements consistent with this Protocol for the
prevention, reduction and where practicable elimination of pollution caused by dumping
or incineration at sea of wastes or other matter. Contracting Parties shall seek to
co-operate with the parties to regional agreements in order to develop harmonized
procedures to be followed by Contracting Parties to the different conventions concerned.
                                      ARTICLE 13
                   TECHNICAL CO-OPERATION AND ASSISTANCE
1. Contracting Parties shall, through collaboration within the Organization and in
 co-ordination with other competent international organizations, promote bilateral and
 multilateral support for the prevention, reduction and where practicable elimination
 of pollution caused by dumping as provided for in this Protocol to those Contracting
 Parties that request it for:
 1. training of scientific and technical personnel for research, monitoring and
   enforcement, including as appropriate the supply of necessary equipment and facilities,
   with a view to strengthening national capabilities;
 2. advice on implementation of this Protocol;
                                            27
제16935호                          관             보                2009. 2.10. (화요일)
 3. information and technical co-operation relating to waste minimization and clean

   production processes;

 4. information and technical co-operation relating to the disposal and treatment of

   waste and other measures to prevent, reduce and where practicable eliminate pollution

   caused by dumping; and

 5. access to and transfer of environmentally sound technologies and corresponding

   know-how, in particular to developing countries and countries in transition to market

   economies, on favourable terms, including on concessional and preferential terms, as

   mutually agreed, taking into account the need to protect intellectual property rights

   as well as the special needs of developing countries and countries in transition to

   market economies.

2. The Organization shall perform the following functions:

 1. forward requests from Contracting Parties for technical co-operation to other

   Contracting Parties, taking into account such factors as technical capabilities;

 2. co-ordinate requests for assistance with other competent international organizations,

   as appropriate; and

 3. subject to the availability of adequate resources, assist developing countries and

   those in transition to market economies, which have declared their intention to become

   Contracting Parties to this Protocol, to examine the means necessary to achieve full

   implementation.

                                       ARTICLE 14

                       SCIENTIFIC AND TECHNICAL RESEARCH

1. Contracting Parties shall take appropriate measures to promote and facilitate scientific

 and technical research on the prevention, reduction and where practicable elimination

 of pollution by dumping and other sources of marine pollution relevant to this Protocol.

 In particular, such research should include observation, measurement, evaluation and

 analysis of pollution by scientific methods.

2. Contracting Parties shall, to achieve the objectives of this Protocol, promote the

 availability of relevant information to other Contracting Parties who request it on:

 1. scientific and technical activities and measures undertaken in accordance with this

   Protocol;

 2. marine scientific and technological programmes and their objectives; and

 3. the impacts observed from the monitoring and assessment conducted pursuant to

                                            28