Plastic pollution is a modality of transboundary pollution, as it originates in one location, but when crossing borders by air or water, causes damage to the environment of other regions. Principles and rules regarding transboundary marine pollution were first established in the United Nations Convention on the Law of the Sea, article 194, which demands that States do not cause damage by pollution, but if pollution occurs, it should not spread beyond the jurisdiction of a State. In the case of plastic pollution, however, States have not been able to properly exercise their administrative control. Since 2014 debates on the urgency of the plastics problem took place and, in 2017, through UN Resolution 3/7 on Marine Litter and Microplastics, options for dealing with plastic pollution at a global level became more tangible. There are some legally binding instruments (LBI) that somehow already address marine plastic litter and microplastics, interacting with UNCLOS and presenting specific provisions regarding pollution from different sources. An example is the Basel Convention to which, in 2019, during the Conference of the Parties, an important decision was added in order to address plastics and, as of 01/01/2021, the world’s first legally binding global measures to control plastic waste became effective for 186 States. Yet, there is no treaty that effectively prevents and minimizes marine plastic pollution. Resources and technical cooperation are still lacking, especially in efforts to improve waste collection systems and there is an absence of standards aimed at monitoring the release of plastic waste into the environment. A new global LBI, then, proves essential to fill these and other important gaps. Thus, in March 2022 the UN launched the Resolution UNEP/EA.5/L.23/Rev.1 - “End Plastic Pollution” which expresses the engagement of Member States to use diplomacy for the common good, concluding a Global Plastics Treaty by 2024. The Resolution demonstrates a high level of ambition, recognizing the transboundary nature of plastic pollution and advocating that the treaty should address the entire lifecycle of plastics, from production to disposal, being a step further for the Ocean Decade and the implementation actions of SDG 14. This study, which is expected to be orally presented during the Panel Discussion of the Technical Session TS-5.10, proposes reflections about the essential elements that should be in the final document. It aims to examine the position of Member States, according to the Reports of UNEA-5, and whether the intentions expressed therein will in fact contribute to the adoption of an environmental justice perspective, which should consider the triple character of the planetary crisis and the vulnerabilities of specific populations, as well as how circular economy strategies could be approached and how the treaty would coordinate among existing legal instruments. This theoretical, bibliographical, descriptive, exploratory and qualitative research has an intrinsic relevance for this session, once it examines the development of an international regime for marine plastic pollution since its origins, until reaching the negotiation of this treaty, which might fulfill so many of the gaps that have undermined ocean resilience so far.
The development of an international regime for marine plastic pollution: fulfilling legal gaps to strengthen ocean resilience
Adriana Isabelle Barbosa Sá Leitão Di Pasquale;
2022-01-01
Abstract
Plastic pollution is a modality of transboundary pollution, as it originates in one location, but when crossing borders by air or water, causes damage to the environment of other regions. Principles and rules regarding transboundary marine pollution were first established in the United Nations Convention on the Law of the Sea, article 194, which demands that States do not cause damage by pollution, but if pollution occurs, it should not spread beyond the jurisdiction of a State. In the case of plastic pollution, however, States have not been able to properly exercise their administrative control. Since 2014 debates on the urgency of the plastics problem took place and, in 2017, through UN Resolution 3/7 on Marine Litter and Microplastics, options for dealing with plastic pollution at a global level became more tangible. There are some legally binding instruments (LBI) that somehow already address marine plastic litter and microplastics, interacting with UNCLOS and presenting specific provisions regarding pollution from different sources. An example is the Basel Convention to which, in 2019, during the Conference of the Parties, an important decision was added in order to address plastics and, as of 01/01/2021, the world’s first legally binding global measures to control plastic waste became effective for 186 States. Yet, there is no treaty that effectively prevents and minimizes marine plastic pollution. Resources and technical cooperation are still lacking, especially in efforts to improve waste collection systems and there is an absence of standards aimed at monitoring the release of plastic waste into the environment. A new global LBI, then, proves essential to fill these and other important gaps. Thus, in March 2022 the UN launched the Resolution UNEP/EA.5/L.23/Rev.1 - “End Plastic Pollution” which expresses the engagement of Member States to use diplomacy for the common good, concluding a Global Plastics Treaty by 2024. The Resolution demonstrates a high level of ambition, recognizing the transboundary nature of plastic pollution and advocating that the treaty should address the entire lifecycle of plastics, from production to disposal, being a step further for the Ocean Decade and the implementation actions of SDG 14. This study, which is expected to be orally presented during the Panel Discussion of the Technical Session TS-5.10, proposes reflections about the essential elements that should be in the final document. It aims to examine the position of Member States, according to the Reports of UNEA-5, and whether the intentions expressed therein will in fact contribute to the adoption of an environmental justice perspective, which should consider the triple character of the planetary crisis and the vulnerabilities of specific populations, as well as how circular economy strategies could be approached and how the treaty would coordinate among existing legal instruments. This theoretical, bibliographical, descriptive, exploratory and qualitative research has an intrinsic relevance for this session, once it examines the development of an international regime for marine plastic pollution since its origins, until reaching the negotiation of this treaty, which might fulfill so many of the gaps that have undermined ocean resilience so far.I documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.
