The Mitigation of Marine Plastic Pollution in International Law: Facts, Policy and Legal Implications: World Trade Institute Advanced Studies, cartea 8
Autor Judith Schälien Limba Engleză Hardback – 13 apr 2022
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.
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Specificații
ISBN-13: 9789004508606
ISBN-10: 9004508600
Pagini: 469
Dimensiuni: 155 x 235 mm
Greutate: 0.82 kg
Editura: Brill
Colecția Brill | Nijhoff
Seria World Trade Institute Advanced Studies
ISBN-10: 9004508600
Pagini: 469
Dimensiuni: 155 x 235 mm
Greutate: 0.82 kg
Editura: Brill
Colecția Brill | Nijhoff
Seria World Trade Institute Advanced Studies
Notă biografică
Judith Schäli, Ph.D. (2020), University of Bern, Switzerland, is a lawyer at the Swiss Federal Office for the Environment. She has served as Scientific Advisor to UN Environment on issues related to marine litter and microplastics and has published several book chapters on marine environmental law and governance.
Cuprins
Acknowledgements
List of Figures and Tables
Abbreviations
Table of Cases
Table of International Law Instruments
Introduction
1Plastics and the Marine Environment
1 About Plastic Materials
AThe Nature of Plastics
i. Terms and Definitions
ii Additives
iii Economic and Social Considerations
BThe 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
CLife-cycle Analysis and Impact Assessments
i The iso Standard Series on lca
ii The Life Cycle Initiative
iii. lca s and Plastics
2 Plastic Pollution in the Seas
AAbundance and Spatial Distribution
i Floating Plastic Debris
ii Plastic Debris in Beaches
iii Plastic Debris on the Seabed
BComposition of Marine Plastic Debris
CMain Pollution Sources
DImpacts of Marine Plastic Pollution
i Impact on the Marine Environment and Marine Biodiversity
ii Economic and Social Impacts
3 Summary and Interim Conclusions
2The Protection of the Marine Environment from Land-based Sources of Plastic Pollution in International Law
1 The Global Framework
AGlobal 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
BThe 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
CThe 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
DMultilateral 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
2 Regional Schemes
AOverview 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
BStrengths 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
CEvaluation: Can Regional Programmes Close the Gaps?
3 Implementation at the Subregional and National Levels
AA Typology of Implementing Strategies and Measures
i General Overview
ii Implementation at the Subregional Level: The Case of the European Union
BConsistency with wto Law
i Plastics and Trade
ii Bans, Taxes and Levies
iii Packaging Regulations and Other Technical Barriers to Trade
CEvaluation: Implementation and the Role of Trade Law
Conclusion and Outlook
1 Challenges Related to Plastic Materials, Social Behaviour and Economic Capacities
2 Legal Framework and Regulatory Challenges
AImplementation and Enforcement
BRegulatory Lacunae
CCoherence
3 Successes and Way Forward
Bibliography
Index
List of Figures and Tables
Abbreviations
Table of Cases
Table of International Law Instruments
Introduction
1Plastics and the Marine Environment
1 About Plastic Materials
AThe Nature of Plastics
i. Terms and Definitions
ii Additives
iii Economic and Social Considerations
BThe 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
CLife-cycle Analysis and Impact Assessments
i The iso Standard Series on lca
ii The Life Cycle Initiative
iii. lca s and Plastics
2 Plastic Pollution in the Seas
AAbundance and Spatial Distribution
i Floating Plastic Debris
ii Plastic Debris in Beaches
iii Plastic Debris on the Seabed
BComposition of Marine Plastic Debris
CMain Pollution Sources
DImpacts of Marine Plastic Pollution
i Impact on the Marine Environment and Marine Biodiversity
ii Economic and Social Impacts
3 Summary and Interim Conclusions
2The Protection of the Marine Environment from Land-based Sources of Plastic Pollution in International Law
1 The Global Framework
AGlobal 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
BThe 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
CThe 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
DMultilateral 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
2 Regional Schemes
AOverview 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
BStrengths 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
CEvaluation: Can Regional Programmes Close the Gaps?
3 Implementation at the Subregional and National Levels
AA Typology of Implementing Strategies and Measures
i General Overview
ii Implementation at the Subregional Level: The Case of the European Union
BConsistency with wto Law
i Plastics and Trade
ii Bans, Taxes and Levies
iii Packaging Regulations and Other Technical Barriers to Trade
CEvaluation: Implementation and the Role of Trade Law
Conclusion and Outlook
1 Challenges Related to Plastic Materials, Social Behaviour and Economic Capacities
2 Legal Framework and Regulatory Challenges
AImplementation and Enforcement
BRegulatory Lacunae
CCoherence
3 Successes and Way Forward
Bibliography
Index