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Marine plastics: Fragmentation, effectiveness and legitimacy in international lawmaking
Author(s) -
Kirk Elizabeth A.,
Popattanachai Naporn
Publication year - 2018
Publication title -
review of european, comparative and international environmental law
Language(s) - English
Resource type - Journals
SCImago Journal Rank - 0.37
H-Index - 18
eISSN - 2050-0394
pISSN - 2050-0386
DOI - 10.1111/reel.12261
Subject(s) - dumping , legitimacy , plastic pollution , lawmaking , environmental planning , land reclamation , plastic waste , environmental science , pollution , business , law , political science , environmental protection , environmental resource management , geography , engineering , waste management , international trade , politics , ecology , legislature , archaeology , biology
Much of the plastic rubbish that is now found in our oceans comes from land‐based sources. From plastic bags, to toothbrushes and plastic nurdles, plastic enters the oceans through, for example, discharges or dumping in rivers, from waste dumped on land blowing into watercourses, and from landfill sites which have been built too close to the coastline and are damaged by storms. This article explains the weaknesses in the current law on marine pollution from land‐based sources and activities that pave the way for such widespread pollution of our oceans, before examining possible legal solutions to this problem. The article assesses potential solutions to this problem using insights from literature on fragmentation and on effectiveness and legitimacy of regimes. In constructing this analysis, the article thus develops understandings of when and why the adoption of treaties may be both appropriate and effective.