to a reasonable extent agrees to damages, when the disposal of waste on land seems
to be unfavorable in an economic or ecological sense. Thus in the framework of the
European Community and within the committees which elaborate the different conventions on the protection of the oceans there are vehement disputes as to what is
the right philosophy. Further, in the Federal Republic of Germany instead of wellestablished proof, concern that harm may originate from marine waste disposal is
sufficient to deny a permit for dumping.
The oldest international agreement on the prevention of marine pollution was established in 1954 by the Intergovernmental Maritime Consultative Organization (IMCO):
it is the Convention for the Prevention of Pollution of the Seas by Oil which since
1958 has been effective under international law , and in which 23 states participated.
A modified version was elaborated in 1962 and has been effective since 1967, a further version from 1969 became effective in 1978; new versions with different amendments and modifications were elaborated in 1971, the main goal being the limitation
of the size of oil tanks. Initially restricted areas were established in different oceans
by these conventions, where no tanker of more than 150 gross tons and no other ship
of more than 500 gross tons was allowed to drain off oil. But drifting oil knows no
boundaries. It moves with approximately 4% of the wind's speed until it is decomposed or otherwise disappears from the water's surface. Therefore, in 1968 the plan
of the restricted areas was cancelled and within a coastal zone of 50 nautical miles
discharging of oil is prohibited. Outside this zone only 60 I per nautical mile may be
discharged. Ships built after 1967 with a deadweight tonnage of more than 20,000 t,
among them all modern tankers, have to be constructed in such a way that the empty
oil tanks are cleaned on the return trip, whereby the oily washings are stored in a
tank (slop-tank) and not let overboard (load-on-top system).
But as long as waste-oil depots in the harbors impose fees which are just about as
high as the price of oil, as long as a shipowner has to pay fees for waste oil just as for
freight to the Suez Canal Administration, and as long as no efficient control and no
deterrent punishments are practicable, captains of tankers will very easily be tempted
to secretly empty the slop-tanks into the ocean. Nobody talks about it, for shipowner,
captain, and crew all have the same interest in this inexpensive illegal measure.
Inexpensive waste-oil depots are necessary not only in oil harbors, but also in all
other harbors, so that ships can dispose of their waste oil after an oil change and will
not, as it is still done widely, leave it in the sea. In addition, the installation of separators on ships which free the bilge water from leakage oil is required so that only
relatively clean bilge water with less than 100 mg oil per liter is pumped overboard,
and not more than 50 liters of oil per nautical mile. An oil log has to be kept so that
a control of regulations is possible. In the meantime more regulations have been
worked out and it is stipulated that oil tanks are no longer washed with water, but
with oil, or that separate ballast-water tanks are available.
In 1973 IMCO, with the participation of 79 states, elaborated a new Convention for
the Prevention of Pollution from Ships which also includes the hitherto existing
agreements against pollution of the ocean caused by oil. It is, however, more comprehensive, and also includes sources of marine pollution other than oil. The convention
regulates the transport of chemicals and other dangerous cargoes as well as the measures taken for the cleaning of tanks containing oil. Therefore it was necessary to
188
to be unfavorable in an economic or ecological sense. Thus in the framework of the
European Community and within the committees which elaborate the different conventions on the protection of the oceans there are vehement disputes as to what is
the right philosophy. Further, in the Federal Republic of Germany instead of wellestablished proof, concern that harm may originate from marine waste disposal is
sufficient to deny a permit for dumping.
The oldest international agreement on the prevention of marine pollution was established in 1954 by the Intergovernmental Maritime Consultative Organization (IMCO):
it is the Convention for the Prevention of Pollution of the Seas by Oil which since
1958 has been effective under international law , and in which 23 states participated.
A modified version was elaborated in 1962 and has been effective since 1967, a further version from 1969 became effective in 1978; new versions with different amendments and modifications were elaborated in 1971, the main goal being the limitation
of the size of oil tanks. Initially restricted areas were established in different oceans
by these conventions, where no tanker of more than 150 gross tons and no other ship
of more than 500 gross tons was allowed to drain off oil. But drifting oil knows no
boundaries. It moves with approximately 4% of the wind's speed until it is decomposed or otherwise disappears from the water's surface. Therefore, in 1968 the plan
of the restricted areas was cancelled and within a coastal zone of 50 nautical miles
discharging of oil is prohibited. Outside this zone only 60 I per nautical mile may be
discharged. Ships built after 1967 with a deadweight tonnage of more than 20,000 t,
among them all modern tankers, have to be constructed in such a way that the empty
oil tanks are cleaned on the return trip, whereby the oily washings are stored in a
tank (slop-tank) and not let overboard (load-on-top system).
But as long as waste-oil depots in the harbors impose fees which are just about as
high as the price of oil, as long as a shipowner has to pay fees for waste oil just as for
freight to the Suez Canal Administration, and as long as no efficient control and no
deterrent punishments are practicable, captains of tankers will very easily be tempted
to secretly empty the slop-tanks into the ocean. Nobody talks about it, for shipowner,
captain, and crew all have the same interest in this inexpensive illegal measure.
Inexpensive waste-oil depots are necessary not only in oil harbors, but also in all
other harbors, so that ships can dispose of their waste oil after an oil change and will
not, as it is still done widely, leave it in the sea. In addition, the installation of separators on ships which free the bilge water from leakage oil is required so that only
relatively clean bilge water with less than 100 mg oil per liter is pumped overboard,
and not more than 50 liters of oil per nautical mile. An oil log has to be kept so that
a control of regulations is possible. In the meantime more regulations have been
worked out and it is stipulated that oil tanks are no longer washed with water, but
with oil, or that separate ballast-water tanks are available.
In 1973 IMCO, with the participation of 79 states, elaborated a new Convention for
the Prevention of Pollution from Ships which also includes the hitherto existing
agreements against pollution of the ocean caused by oil. It is, however, more comprehensive, and also includes sources of marine pollution other than oil. The convention
regulates the transport of chemicals and other dangerous cargoes as well as the measures taken for the cleaning of tanks containing oil. Therefore it was necessary to
188