containers, scrap, and tarry substances which impair fishing on the sea bed; and
finally substances which may not be very toxic, but which may negatively affect the
environment because of the amount dumped. According to the London Convention
it has to be examined what amounts of toxic trace elements like arsenic, lead, copper,
zinc, beryllium, chromium, nickel, and vanadium are being dumped into the sea, even
if the concentrations themselves are very low.
The Oslo Convention is administered by OSCOM, the commission of the contracting
states which meets once a year. The decisions of OSCOM are prepared by SACSA,
the Standing Advisory Committee for Scientific Advice, which has established working groups which do not only deal with issues of the Oslo Convention, but also with
issues of the London Convention and the Paris Convention. The elaboration of a
guide-line Regulations for the Control of Incineration of Wastes and other Matter at
Sea 1978 was of particular importance.
The conventions restrict the traditional freedom of the high seas, for they oblige the
contracting states to control all ships and airplanes running under their flag, loaded in
their harbors, and passing through their territory. Violations of the agreements by
foreign ships or airplanes on the high seas are to be reported by the contracting states
when they receive such information.
In the Federal Republic of Germany the High Sea Dumping Law was passed in 1977
and subsequently the Oslo Convention and the London Convention were ratified.
Responsible for the enforcement of the law in the Federal Republic of Germany is
Deutsches Hydrographisches Institut in Hamburg which proceeds according to the
High Sea Dumping Administrative Regulations from December 22, 1977. If an application has been filed for the dumping of harmful substances into the sea, it will first
be checked whether the project conflicts with an international law; later the Umweltbundesamt in Berlin checks whether the wastes might not be deposited or destroyed
on land as well without causing any damage to the environment, or how they could
best be put to further use; then 13 authorities of the Federal Ministries and of the
coastal states are asked for their opinion, and research institutes are consulted as well
(Offhaus 1980).
The fact that lawyers with their necessarily formal methods of thinking cooperate
with scientists in the making of laws against pollution of the oceans sometimes
results in grotesque situations. Out of financial and emotional considerations more
and more people decree by will that they want to be buried in the sea after their death.
But is there not good reason to define a cinerary urn with human ash as "noxious
waste which has to be removed" and does it not impair "the amenities of the marine
environment"? In 1978 the German officials had to deal with this question, but were
clever enough then not to issue any regulation concerning this matter, but agreed
with the sea-burial establishments that the urns have to be transitory, not made out
of bronze, but out of clay or rock salt. The heavy metal content of human ash is
tolerated.
In the Federal Republic of Germany it has to be checked principally whether harmful substances might not be deposited on land or be neutralized. If expertises are
positive, dumping into the sea is out of the question, and permission may not be
given. This point of view differs from that of Great Britain, where one does not seek
to avoid, by all possible means, negative effects on the marine environment, and thus
187
finally substances which may not be very toxic, but which may negatively affect the
environment because of the amount dumped. According to the London Convention
it has to be examined what amounts of toxic trace elements like arsenic, lead, copper,
zinc, beryllium, chromium, nickel, and vanadium are being dumped into the sea, even
if the concentrations themselves are very low.
The Oslo Convention is administered by OSCOM, the commission of the contracting
states which meets once a year. The decisions of OSCOM are prepared by SACSA,
the Standing Advisory Committee for Scientific Advice, which has established working groups which do not only deal with issues of the Oslo Convention, but also with
issues of the London Convention and the Paris Convention. The elaboration of a
guide-line Regulations for the Control of Incineration of Wastes and other Matter at
Sea 1978 was of particular importance.
The conventions restrict the traditional freedom of the high seas, for they oblige the
contracting states to control all ships and airplanes running under their flag, loaded in
their harbors, and passing through their territory. Violations of the agreements by
foreign ships or airplanes on the high seas are to be reported by the contracting states
when they receive such information.
In the Federal Republic of Germany the High Sea Dumping Law was passed in 1977
and subsequently the Oslo Convention and the London Convention were ratified.
Responsible for the enforcement of the law in the Federal Republic of Germany is
Deutsches Hydrographisches Institut in Hamburg which proceeds according to the
High Sea Dumping Administrative Regulations from December 22, 1977. If an application has been filed for the dumping of harmful substances into the sea, it will first
be checked whether the project conflicts with an international law; later the Umweltbundesamt in Berlin checks whether the wastes might not be deposited or destroyed
on land as well without causing any damage to the environment, or how they could
best be put to further use; then 13 authorities of the Federal Ministries and of the
coastal states are asked for their opinion, and research institutes are consulted as well
(Offhaus 1980).
The fact that lawyers with their necessarily formal methods of thinking cooperate
with scientists in the making of laws against pollution of the oceans sometimes
results in grotesque situations. Out of financial and emotional considerations more
and more people decree by will that they want to be buried in the sea after their death.
But is there not good reason to define a cinerary urn with human ash as "noxious
waste which has to be removed" and does it not impair "the amenities of the marine
environment"? In 1978 the German officials had to deal with this question, but were
clever enough then not to issue any regulation concerning this matter, but agreed
with the sea-burial establishments that the urns have to be transitory, not made out
of bronze, but out of clay or rock salt. The heavy metal content of human ash is
tolerated.
In the Federal Republic of Germany it has to be checked principally whether harmful substances might not be deposited on land or be neutralized. If expertises are
positive, dumping into the sea is out of the question, and permission may not be
given. This point of view differs from that of Great Britain, where one does not seek
to avoid, by all possible means, negative effects on the marine environment, and thus
187