There are five main kinds of marine pollution, namely:
Pollution from land-based sources, such as rivers, estuaries, pipelines and outfall structures;
Pollution from exploitation of the mineral resources of the sea-bed;
Pollution from ships, i.e. the disposal of wastes or other matter incidental to or derived from the normal operations of ships;
Pollution by dumping, i.e. the deliberate disposal of wastes or other matter from ships, aircraft, platforms or other man-made structures at sea;
Pollution through the atmosphere.
While pollution sub a) could in the near future become a serious source of degradation of the marine environment, the most dangerous kinds of pollution with respect to Eritrea and the Red Sea are presently those mentioned sub c) and d).
Pollution from ships has in principle to be regulated by uniform rules elaborated at the international level. It is evident that, if any State established different technical requirements (concerning, for instance, the design, construction, manning or equipment of ships), ships would be practically prevented from navigating.
The International Convention for the Prevention of Pollution from Ships (London, 1973/1978), called Marpol, is a multilateral treaty which has received a wide acceptance. As at 31 December 1992 it had been ratified by 70 States, the combined merchant fleets of which constitute approximately 90% of the gross tonnage of the world's merchant fleet. Marpol is based on the idea that discharges should not be made into the sea, but collected and disposed in adequate reception facilities.
To Marpol are attached five annexes containing numerous and very detailed technical regulations. The first two annexes are compulsory for any contracting party, while the last three are optional. The annexes respectively relate to:
Prevention of pollution by oil;
Control of pollution by noxious liquid substances in bulk;
Prevention of pollution by harmful substances carried by sea in packaged forms, or in freight containers, portable tanks or road and rail tank wagons;
Prevention of pollution by sewage from ships;
Prevention of pollution by garbage from ships.
Particularly relevant is Annex I, which provides for the adoption of some technical requirements for ships (e.g., segregated ballast tanks, load on top system, etc.), and considerably limits or prohibits the discharge of oil into the sea. Moreover, under Regulation 10 of Annex I, the Red Sea is designated as a special area, where particularly strict rules apply. The Regulations contained in Annex I deal with the following matters: Definitions, Application, Equivalents, Surveys, Issue of certificate, Issue of a certificate by another government, Form of certificate, Duration of certificate, Control of discharge of oil, Methods for the prevention of oil pollution from ships while operating in special areas, Exceptions, Reception facilities, Segregated ballast oil tankers, Segregation of oil and water ballast, Retention of oil on board, Oil discharge monitoring and control system and oil-water separating equipment, tanks for oil residues (sludge), Pumping, piping and discharge arrangements for oil tankers, Standard discharge connection, Oil record book, Special requirements for drilling rigs and other platforms, Damage assumptions, Hypothetical outflow of oil, Limitation of size and arrangement of cargo tanks, Subdivision and stability.
The parties are bound to sanction violations of Marpol made by ships flying their flag, wherever the violation occurs. Also the coastal State, i.e. the State within the jurisdiction of which a violation occurs, can establish sanctions for violations. The possible conflict of competences between the flag and the coastal State is solved by giving to the coastal State the choice between proceeding in accordance with its law or furnishing to the flag State information and evidence that a violation has occurred. The penalties must be adequate in severity to discourage violations and have to be equally severe irrespective of where the violations occur.
Eritrea could either:
become a party to Marpol; or
enact domestic legislation reflecting some of the provisions embodied in Marpol and in some of its annexes.
While the option sub a) is an almost unavoidable step, it could in the short term involve the high financial cost necessary to equip the Eritrean ports with adequate reception facilities. For instance, under Regulation 10, (7), (b) of Annex I to Marpol, the Red Sea contracting parties undertake «to ensure that as soon as possible all oil loading terminals and repair ports within the Red Sea are provided with facilities adequate for the reception and treatment of all the dirty ballast and tank washing waters from tankers». Moreover, «all ports (…) shall be provided with adequate reception facilities for other residues and oily mixtures from all ships. Such facilities shall have adequate capacity to meet the needs of the ships using them without causing undue delay».
If the solution to adopt provisional domestic regulations is chosen, such regulations should in principle conform to generally accepted international rules (i.e. Marpol regulations) as regards discharges at sea. It is recommended that the advice of the International Maritime Organization be sought in this connection.
In any case, there is a need of planning the equipment of Eritrean ports with adequate reception facilities in order to meet the Marpol requirements.
The Convention on the Prevention of Marine Pollution by Dumping of Wastes and other Matter (London, 1972) is another international treaty of worldwide acceptance. As at 31 December 1991, 68 States were parties to it (Ethiopia is not a party).
According to the London Convention, the dumping at sea of wastes listed in its Annex I (black list) is prohibited; the dumping of wastes listed in Annex II (grey list) requires a prior special permit; the dumping of all other wastes requires a prior general permit.
Each contracting party is bound to apply the London Convention to: a) vessels and aircraft registered in its territory or flying its flag; b) vessels and aircraft loading in its territory or territorial sea matter which is to be dumped; c) vessels and aircraft and fixed or floating platforms under its jurisdiction believed to be engaged in dumping.
As regards the coastal State, it is generally accepted that «dumping within the territorial sea and the exclusive economic zone or onto the continental shelf shall not be carried out without the express prior approval of the coastal State, which has the right to permit, regulate or control such dumping after due consideration of the matter with other States which by reason of their geographical situation may be adversely affected thereby» (Art. 210, para. 5, of the 1982 United Nations Convention on the Law of the Sea).
Eritrea could:
become a party to the London Dumping Convention;
irrespective of whether it becomes a party to the London Dumping Convention, enact domestic legislation prohibiting the dumping of wastes within its territorial sea, on its continental shelf and within its exclusive economic zone, if any.
The control of dumping would not require special facilities as in the case of pollution from ships, but it would require the administrative structure to issue permits when dumping is allowed.
While the prevention of pollution from ships has to be regulated on a world scale, there are some aspects of marine pollution which could also be dealt with on a regional scale (particularly among States bordering a semi-enclosed sea, like the Red Sea).
As regards dumping, the London Convention expressly invites parties with common interests in protecting the marine environment within a given geographical area to enter into regional agreements consistent with the Convention, taking into account characteristic regional features.
Another field in which regional agreements are particularly appropriate is cooperation in case of casualties and in establishing contingency plans for responding to pollution incidents. A regional Convention for the conservation of the Red Sea and Gulf of Aden environment and a Protocol concerning regional cooperation in combating pollution by oil and other harmful substances in cases of emergency were signed in Jeddah on 14 February 1982. However, the signatories are the Arab States of the region (Jordan, Palestine, Saudi Arabia, Somalia, Sudan, and the two Yemen) and the right to accede to the convention and protocol is limited to the States member of the Arab League.
In order to make the Jeddah Convention a true regional instrument, Eritrea could perhaps ask that the convention be amended in order to allow its participation. Further protocols could also be envisaged (e.g., with respect to dumping, land-based pollution, specially protected zones, pollution from exploitation of the sea-bed).
