An analysis of the legal frameworks that apply to the environmental remediation of sea-dumped chemical weapons

Following the two world wars of the twentieth century CE, governments decided to dispose of unwanted chemical weapons by dumping them into the oceans of the world. The purpose of the present research is to analyse the past and present legal frameworks that apply to sea-dumped chemical weapons (SDCWs) and to determine whether states have a legal responsibility under international law to protect the environment against the adverse effects of SDCWs. A systematic analysis is conducted in order to create proposals for legal solutions to address the problem of the remediation of the adverse environmental effects from SDCWs. Treaties—such as the Chemical Weapons Convention, the United Nations Convention on the Law of the Sea, and the London Dumping Convention—are examined to determine whether they regulate states’ rights and obligations in respect of SDCWs. Other legal instruments are also investigated in order to assess whether they require states to undertake actions to clean up the chemical weapons they dumped into the ocean or that are currently located in areas within their jurisdiction or control. Where lacunae are discovered in the applicable law, it is considered whether states can adopt legal strategies to address these gaps, such as the amendment of existing treaties, adoption of a protocol, modification through state practice, or application of customary international law. Finally, there is a discussion of whether states are legally liable for damage caused by SDCWs or for the operations necessary to clean them up.