Fighting for the Seas: Bilge Dumping

Bilge dumping is the unseen destructive practice that happens all too often in our oceans. With the New High Seas Treaty, legislators not only find a way to regulate the problem but also provide a glimpse of how environmental harm brought on by companies might be handled in the future.

Ships and cargo vessels are responsible for transporting 80% of world trade merchandise. In almost every industry, ships are crucial to maintaining their operation. Their success relies heavily on this form of transport, and companies are not the only ones who benefit as these vessels bring food, medicine, energy and other essentials to individuals worldwide. Thus, it is partly due to its essential nature in relation to so many economic sectors that its faults are often hidden from public view. Ship-related problems aren’t commonly highlighted because they happen far in the middle of the ocean, where it does not immediately affect anyone. However, just because they don’t get international media coverage, it does not mean that these faults are irrelevant or don’t have an effect on us and our planet. The problem that I am referring to is the illegal practice of bilge dumping.

Bilge dumping occurs when tankers illegally release oil-filled wastewater into the ocean. This substance, referred to as bilge, accumulates in the lower hull of a ship as a result of the heavy oils used for its operation. Wastewater takes on a slick texture and is filled with harmful toxins such as ​​lubricants, cleaning agents, lead and arsenic. Once released into the water, the bilge water creates a layer over the water and as it is dispersed by wind and wave it begins to infiltrate ecosystems and coastal communities. As a result, bilge water can affect biodiversity, food, and health. Although legislation was enacted by The International Convention for the Prevention of Pollution from Ships (Marpol 73/78) to prohibit bilge dumping, the practice still continues due to the costs associated with the treatment of bilge water. For individuals who are in charge of the vessels, bilge dumping serves as an act of convenience bypassing the time and costs that come with addressing water waste. 

On March 4th, 2023, negotiations about the protection of international waters finally materialized into “The New High Seas Treaty”. The decision came from the Conference on Marine Biological Diversity of Areas Beyond National Jurisdiction (BBNJ). It has taken several decades to come to an agreement as international waters are not subject to the jurisdiction of countries thus calling for strictly neutral interferences that are agreed upon by all parties. In the treaty, legislators identify Increasing cargo ship transportation and their bilge bumping practices as a threat to the ocean. The treaty will implement increased monitoring and surveillance of human activities on the water and will therefore greatly discourage the practices of bilge dumping. As a result, shipping companies would be forced to adhere to the legislation by filtering their wastewater using the proper technology. 

Navigating the problem of illegal bilge dumping can be a precarious one as legislators need to strike a balance between protecting the earth and its people in international waters while keeping the economically crucial transportation as untouched as possible as to not affect the activities that it engages in. If shipping companies are forced to take on the added cost of properly disposing of their bilge water, this would impact their profitability and their efficiency. Although these ships are directly producing this waste, would it be just that the responsibility of the pollution only falls upon these companies when it is other manufacturers that employ their services? As mentioned before, bilge dumping is an act of convenience which subsequently demonstrates how these vessels refuse to take responsibility for the environmental harm that they are exacerbating. However, it is not only the shipping companies that are involved in the environmental impact, the manufacturers that hire them to transport their merchandise also play a role in the destruction of the environment. As vessels pawn off the responsibility to protect the environment, the manufacturers do the same by no longer claiming responsibility for the merchandise’s transportation yet still gain profit from their sale. This lack of accountability of all fronts results in the easy practice of environmental harm. 

With this treaty, we see the beginning of force accountability on one actor in the supply-chain, however, more can be done. If manufacturers are forced to become financially accountable for their merchandise and their impact on the environment whether it be from transportation, creation or sale then what would happen to this easy dismissal of environmental impacts? There should be further legislation assigning responsibility as it would force individuals to view smaller environmental impacts similarly to how they view their profitability. With this kind of approach, companies would be actively working towards a more sustainable future.