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The Mitigation of Marine Plastic Pollution in International Law: Facts, Policy and Legal Implications

The Mitigation of Marine Plastic Pollution in International Law: Facts, Policy and Legal Implications

Author: Judith Schali
Publisher: Brill Nijhoff
ISBN: 9789004508606
Published In: April 2022
Format: Hardback
Jurisdiction: Netherlands ? Disclaimer:
Countri(es) stated herein are used as reference only

AU$404.32

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Contents

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The massive accumulation of plastics in marine environments is one of the most pressing environmental concerns of our time. This book examines the relevant international legal framework applying to land-based sources of plastic pollution. Against the backdrop of the dynamics of recent policy formulation in this field, it outlines the main developments and provides a snapshot inventory of state obligations related to plastic pollution mitigation. The Mitigation of Marine Plastic Pollution in International Law identifies the main barriers and opportunities, and points out the possible building blocks of an enhanced regime.

List of Figures and Tables

Abbreviations

Table of Cases

Table of International Law Instruments

Introduction

Plastics and the Marine Environment

About Plastic Materials

A The Nature of Plastics

i. Terms and Definitions

ii Additives

iii Economic and Social Considerations

B The End of Life of Plastic Materials

i Degradation of Plastic Materials

1) Degradation, Biodegradation and Composting

2) Degradation Process of Plastic Materials

3) Degradation of Plastics in Marine Environments

4) Biodegradability Standards and Labels

ii Plastic Wastes

1) Waste Generation

2) Costs and Impacts of Waste and Disposal

C Life-cycle Analysis and Impact Assessments

i The iso Standard Series on lca

ii The Life Cycle Initiative

iii. lca s and Plastics

Plastic Pollution in the Seas

A Abundance and Spatial Distribution

i Floating Plastic Debris

ii Plastic Debris in Beaches

iii Plastic Debris on the Seabed

B Composition of Marine Plastic Debris

C Main Pollution Sources

D Impacts of Marine Plastic Pollution

i Impact on the Marine Environment and Marine Biodiversity

ii Economic and Social Impacts

Summary and Interim Conclusions

The Protection of the Marine Environment from Land-based Sources of Plastic Pollution in International Law

The Global Framework

A Global Policy, Principles and Concepts

i The Global Policy Framework

1) UN Environment's Role in Policy Formulation and Regulation with Regard to Land-based Sources of Marine Pollution

2) The 1992 Rio Conference

3) The 1995 Washington Conference and the gpa

4) The 2011 Honolulu Strategy: Plastics Coming into Focus

5) Plastic Marine Debris as a Raising Concern in Formal UN Processes

ii Relevant Principles and Concepts

1) Sustainable Development

2) The Polluter Pays Principle

Conclusion of Section A

B The UN Convention on the Law of the Sea

i Maritime Zones

1) Areas under National Jurisdiction

2) Areas beyond National Jurisdiction

ii unclos Part xii: The Protection and Preservation of the Marine Environment

1) Definition of Marine Pollution

2) General Obligations under unclos Part xii

3) Specific Obligations and Their Relevance to Plastics

iii Compliance and Enforcement: The Challenges of Plastics

1) The Legal Framework

2) The Challenge of Plastics

3) unclos Dispute Settlement

Conclusion of Section B

C The Law of the World Trade Organization

i The wto in a Nutshell

ii Core Principles and Agreements

1) The General Agreement on Tariffs and Trade

2) The Agreement on Technical Barriers to Trade

3) The Agreement on the Application of Sanitary and Phytosanitary Measures

iii General Remarks Regarding the Relationship between unclos Part xii and wto Law

iv The Role of wto Law with Regard to Domestic Implementation, Cooperation and Unilateral Enforcement

Conclusion of Section C

D Multilateral Environmental Agreements Relevant to Marine Plastic Pollution Mitigation

i The Protection and Preservation of Marine Species and Ecosystems

1) The Convention on Biological Diversity

2) Convention on the Conservation of Migratory Species of Wild Animals

3) Other Biodiversity-related Conventions

ii Waste Management and the Regulation of Wastes and Hazardous Chemicals

1) The Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and Their Disposal

2) The Stockholm Convention on Persistent Organic Pollutants

iii International Watercourses

iv Prevention and Mitigation of Plastic Pollution from Sea-based Sources

v Climate Change Mitigation

Conclusion of Section D

Regional Schemes

A Overview on the Regional Schemes

i The Regional Seas Family

1) The Regional Conventions

2) Legal Instruments on Land-based Sources of Pollution

3) Specific Examples

B Strengths and Deficiencies

i General Effectiveness and Coverage of the Regional Programmes

ii Pollution Prevention Standards and Environmental Management

iii Institutional Considerations, Reporting and Compliance

iv Means of Implementation

C Evaluation: Can Regional Programmes Close the Gaps?

Implementation at the Subregional and National Levels

A A Typology of Implementing Strategies and Measures

i General Overview

ii Implementation at the Subregional Level: The Case of the European Union

B Consistency with wto Law

i Plastics and Trade

ii Bans, Taxes and Levies

iii Packaging Regulations and Other Technical Barriers to Trade

C Evaluation: Implementation and the Role of Trade Law

Conclusion and Outlook

Challenges Related to Plastic Materials, Social Behaviour and Economic Capacities

Legal Framework and Regulatory Challenges

A Implementation and Enforcement

B Regulatory Lacunae

C Coherence

Successes and Way Forward

Bibliography

Index

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