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128-650: The International Convention for the Prevention of Pollution from Ships, 1973 as modified by the Protocol of 1978 , or " MARPOL 73/78 " (short for "marine pollution") is one of the most important international marine environmental conventions . It was developed by the International Maritime Organization with an objective to minimize pollution of the oceans and seas, including dumping , oil and air pollution . The original MARPOL

256-472: A World Heritage Site . A 2021 study following a 2014 loss of a container carrying printer cartridges calculated that some cartridges had dispersed at an average speed of between 6 cm and 13 cm per second. A 1997 accident of Tokio Express ship off the British coast resulted in loss of cargo container holding 5 million Lego pieces. Some of the pieces became valued among collectors who searched

384-628: A 2016 study of Aruba found that debris found the windward side of the island was predominantly marine debris from distant sources. In 2013, debris from six beaches in Korea was collected and analyzed: 56% was found to be "ocean-based" and 44% "land-based". In the 1987 Syringe Tide , medical waste washed ashore in New Jersey after having been blown from Fresh Kills Landfill . On the remote sub-Antarctic island of South Georgia , fishing-related debris, approximately 80% plastics, are responsible for

512-487: A company, and there were many unbranded objects. Not all anthropogenic artifacts placed in the oceans are harmful. Iron and concrete structures typically do little damage to the environment because they generally sink to the bottom and become immobile, and at shallow depths they can even provide scaffolding for artificial reefs . Ships and subway cars have been deliberately sunk for that purpose. Additionally, hermit crabs have been known to use pieces of beach litter as

640-582: A core concept of international environmental discussion ever since, including at the World Summit on Sustainable Development (Earth Summit 2002), and the United Nations Conference on Sustainable Development (Earth Summit 2012, or Rio+20). Defined by UNEP to include intergenerational equity – "the right of future generations to enjoy a fair level of the common patrimony" – and intragenerational equity – "the right of all people within

768-797: A country's legal system is completely divorced from its moral values, people may not abide by the laws and they will lose their significance and effectiveness. Despite environmental regulations, the water in India's River Ganges remains poor as an example. According to the International Network for Environmental Compliance and Enforcement (INECE), the major environmental issues in Africa are "drought and flooding , air pollution, deforestation , loss of biodiversity , freshwater availability, degradation of soil and vegetation, and widespread poverty." The U.S. Environmental Protection Agency (EPA)

896-608: A danger to navigation. For example, the US Army Corps of Engineers removes 90 tons of "drifting material" from San Francisco Bay every month. The Corps has been doing this work since 1942, when a seaplane carrying Admiral Chester W. Nimitz collided with a piece of floating debris and sank, costing the life of its pilot. The Ocean cleanup has also created a vessel for cleaning up riverine debris, called Interceptor . Once debris becomes "beach litter", collection by hand and specialized beach-cleaning machines are used to gather

1024-432: A demand for new approaches to development. In conjunction with this need, the principle of "Buen Vivir," or good living – focused on social, environmental and spiritual wealth versus material wealth – gained popularity among citizens and was incorporated into the new constitution. The influence of indigenous groups, from whom the concept of "Buen Vivir" originates, in the forming of the constitutional ideals also facilitated

1152-496: A few minimal exceptions. The first half of MARPOL Annex I deals with engine room waste. There are various generations of technologies and equipment that have been developed to prevent waste such as oily water separators (OWS), oil content meters (OCM), and port reception facilities . The second part of the MARPOL Annex I has more to do with cleaning the cargo areas and tanks. Oil discharge monitoring equipment (ODME)

1280-491: A legal obligation of a clean environment, by establishing a principle of compensation and a foundation of criminal nature. By this phenomenon , Congolese environmental law is situated between non-regression and the search for efficiency." With the enactment of the 2008 Constitution , Ecuador became the first country in the world to codify the Rights of Nature . The Constitution, specifically Articles 10 and 71–74, recognizes

1408-474: A legal structure to collect license fees and other money which is used to fund conservation efforts as well as to obtain harvest information used in wildlife management practice. Environmental law has developed in response to emerging awareness of—and concern over—issues impacting the world. While laws have developed piecemeal and for a variety of reasons, some effort has gone into identifying key concepts and guiding principles common to environmental law as

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1536-402: A license – licensing is a provincial government responsibility. The Victoria-based non-profit Dead Boats Disposal Society notes that lack of enforcement means abandoned boats are often left to sink, which increases the cleanup cost and compounds the environmental hazard (due to seepage of fuel, oil, plastics, and other pollutants). On the sea, the removal of artificial debris (i.e. plastics)

1664-431: A means for protecting species deemed important for other reasons. Regulatory efforts may include the creation of special conservation statuses , prohibitions on killing, harming, or disturbing protected species, efforts to induce and support species recovery, establishment of wildlife refuges to support conservation, and prohibitions on trafficking in species or animal parts to combat poaching . Fish and game laws regulate

1792-458: A patchwork of regulatory authorities (responsibility often differs for the ocean surface, the seabed, and the shore). For example, there are an estimated 1600 abandoned and derelict boats in the waters of British Columbia. In 2019 Canada's federal government passed legislation to make it illegal to abandon a vessel but enforcement is hampered because it is often difficult to determine who owns an abandoned boat since owners are not required to have

1920-402: A primary treaty. They exist in many areas of international law but are especially useful in the environmental field, where they may be used to regularly incorporate recent scientific knowledge. They also permit countries to reach an agreement on a framework that would be contentious if every detail were to be agreed upon in advance. The most widely known protocol in international environmental law

2048-399: A reaction to a combination of political, economic, and social phenomena. Ecuador's abusive past with the oil industry , most famously the class-action litigation against Chevron , and the failure of an extraction-based economy and neoliberal reforms to bring economic prosperity to the region has resulted in the election of a New Leftist regime, led by President Rafael Correa , and sparked

2176-561: A reason for postponing cost-effective measures to prevent environmental degradation . The principle may play a role in any debate over the need for environmental regulation. The polluter pays principle is the idea that "the environmental costs of economic activities, including the cost of preventing potential harm, should be internalized rather than imposed upon society at large." All issues related to responsibility for cost for environmental remediation and compliance with pollution control regulations involve this principle. Environmental law

2304-402: A regulation known as IMO 2020 . The global sulphur limit (outside SECA's) dropped from an allowed 3.5% sulphur in marine fuels to 0.5%. This will significantly improve the air quality in many populated coastal and port areas, which will prevent over 100,000 early deaths each year, and many more cases of asthma in these regions and cities. Over 170 countries have signed on to the changes, including

2432-446: A result of environmental regulations, which can ultimately create an additional barrier to entry for new firms, thus stifling competition and innovation. Global and regional environmental issues are increasingly the subject of international law . Debates over environmental concerns implicate core principles of international law and have been the subject of numerous international agreements and declarations. Customary international law

2560-404: A shell when they cannot find an actual seashell of the size they need. Many animals that live on or in the sea consume flotsam by mistake, as it often looks similar to their natural prey. Overall, 1288 marine species are known to ingest plastic debris, with fish making up the largest fraction. Bulky plastic debris may become permanently lodged in the digestive tracts of these animals, blocking

2688-526: A storm. The toys have since been found all over the world, providing a better understanding of ocean currents . Similar incidents have happened before, such as when Hansa Carrier dropped 21 containers (with one notably containing buoyant Nike shoes). In 2007, MSC Napoli beached in the English Channel , dropping hundreds of containers, most of which washed up on the Jurassic Coast ,

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2816-428: A total number of member countries whose combined gross tonnage represents at least 50% of the world's gross tonnage, a process that can be lengthy. A system of tacit acceptance has therefore been put into place, whereby, if no objections are heard from a member state after a certain period has elapsed, it is assumed they have assented to the treaty. All six Annexes have been ratified by the requisite number of nations;

2944-533: A whole. Some laws are seen as temporary or transitional where political realities prevent adoption of more ideal rules. Pope Francis in his 2015 encyclical letter Laudato si' acknowledged that "political realism may call for transitional measures and technologies, so long as these are accompanied by the gradual framing and acceptance of binding commitments". The principles discussed below are not an exhaustive list and are not universally recognized or accepted. Nonetheless, they represent important principles for

3072-515: Is a European Union directive committing EU member states to free inland and coastal waters from human influence. In the United Kingdom, the Marine and Coastal Access Act 2009 is designed to "ensure clean healthy, safe, productive and biologically diverse oceans and seas, by putting in place better systems for delivering sustainable development of marine and coastal environment". In 2019,

3200-627: Is a global common , so negative externalities of marine debris are not usually experienced by the producer. In the 1950s, the importance of government intervention with marine pollution protocol was recognized at the First Conference on the Law of the Sea. Ocean dumping is controlled by international law , including: One of the earliest anti-dumping laws was Australia's Beaches, Fishing Grounds and Sea Routes Protection Act 1932 , which prohibited

3328-433: Is a continuing source of controversy. Debates over the necessity, fairness, and cost of environmental regulation are ongoing, as well as regarding the appropriateness of regulations versus market solutions to achieve even agreed-upon ends. Allegations of scientific uncertainty fuel the ongoing debate over greenhouse gas regulation, and are a major factor in debates over whether to ban particular pesticides. In cases where

3456-573: Is a very important technology mentioned in MARPOL Annex I that has greatly helped improve sanitation in these areas. The oil record book is another integral part of MARPOL Annex I , helping crew members log and keep track of oily wastewater discharges, among other things. MARPOL Annex II came into force on 2 October 1983. It details the discharge criteria for the elimination of pollution by noxious liquid substances carried in large quantities. It divides substances into and introduces detailed operational standards and measures. The discharge of pollutants

3584-484: Is able to accurately track and send cleanup vessels to remove ghostnets. The GPS Tracker technology is being combined with satellite imagery increasing the ability to locate plastic trash and ghostnets in real time via satellite imagery which will greatly increase cleanup capacity and efficiency. Another issue is that removing marine debris from the ocean can potentially cause more harm than good. Cleaning up microplastics could also accidentally take out plankton, which are

3712-622: Is allowed only to reception facilities with certain concentrations and tions. No matter what, no discharge of residues containing pollutants is permitted within 12 nautical miles (22 kilometres) of the nearest land. Stricter restrictions apply to "special areas". Annex II covers the International Bulk Chemical Code (IBC Code) in conjunction with Chapter 7 of the SOLAS Convention . Previously, chemical tankers constructed before 1 July 1986 must comply with

3840-403: Is an important source of international environmental law. These are the norms and rules that countries follow as a matter of custom and they are so prevalent that they bind all states in the world. When a principle becomes customary law is not clear cut and many arguments are put forward by states not wishing to be bound. Examples of customary international law relevant to the environment include

3968-621: Is an organization aimed at reducing plastics pollution in the oceans, and was one of two organizations that recently researched the Great Pacific Garbage Patch . Heal the Bay is another organization, focusing on protecting California 's Santa Monica Bay , by sponsoring beach cleanup programs along with other activities. Marina DeBris is an artist focusing most of her recent work on educating people about beach trash. Interactive sites like Adrift demonstrate where marine plastic

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4096-536: Is carried, over time, on the worlds ocean currents. On 11 April 2013 in order to create awareness, artist Maria Cristina Finucci founded the Garbage Patch State at UNESCO –Paris in front of Director General Irina Bokova . First of a series of events under the patronage of UNESCO and of Italian Ministry of the Environment. Forty-eight plastics manufacturers from 25 countries, are members of

4224-520: Is currently in the process of developing more stringent legal controls. The harmonization of Chinese society and the natural environment is billed as a rising policy priority. Environmental lawsuits have been available in China since the early 2000s. Public protest, however, plays a greater role in shaping China's environmental policy than litigation does. In the Republic of Congo , inspired by

4352-427: Is divided into Annexes according to various categories of pollutants, each of which deals with the regulation of a particular group of ship emissions. Notes MARPOL Annex I came into force on 2 October 1983 and deals with the discharge of oil into the ocean environment. It incorporates the oil discharge criteria prescribed in the 1969 amendments to the 1954 International Convention for the Prevention of Pollution of

4480-555: Is enforced by the Central Pollution Control Board and the numerous State Pollution Control Boards. Apart from this, there are also individual legislation specifically enacted for the protection of Water, Air, Wildlife, etc. Such legislations include : The Basic Environmental Law is the basic structure of Japan's environmental policies replacing the Basic Law for Environmental Pollution Control and

4608-547: Is focused on the "growing urban and industrial pollution, water quality, electronic waste and indoor air from cookstoves." They hope to provide enough aid on concerns regarding pollution before their impacts contaminate the African environment as well as the global environment. By doing so, they intend to "protect human health, particularly vulnerable populations such as children and the poor." In order to accomplish these goals in Africa, EPA programs are focused on strengthening

4736-730: Is found on the floor of the Arctic ocean. Although an increasing number of studies have been focused on plastic debris accumulation on the coasts, in off-shore surface waters, and that ingested by marine organisms that live in the upper levels of the water column, there is limited information on debris in the mesopelagic and deeper layers. Studies that have been done have conducted research through bottom sampling, video observation via remotely operated vehicles (ROVs), and submersibles. They are also mostly limited to one-off projects that do not extend long enough to show significant effects of deep-sea debris over time. Research thus far has shown that debris in

4864-449: Is ocean-based. A wide variety of man-made objects can become marine debris; plastic bags , balloons , buoys , rope , medical waste , glass and plastic bottles , cigarette stubs , cigarette lighters , beverage cans , polystyrene , lost fishing line and nets , and various wastes from cruise ships and oil rigs are among the items commonly found to have washed ashore. Six-pack rings , in particular, are considered emblematic of

4992-421: Is plastic. Plastics accumulate because they typically do not biodegrade as many other substances do. They photodegrade on exposure to sunlight, although they do so only under dry conditions, as water inhibits photolysis . In a 2014 study using computer models, scientists from the group 5 Gyres, estimated 5.25 trillion pieces of plastic weighing 269,000 tons were dispersed in oceans in similar amount in

5120-503: Is split between private and public management, with public forests being sovereign property of the State. Forestry laws are now considered an international affair. Wildlife laws govern the potential impact of human activity on wild animals, whether directly on individuals or populations, or indirectly via habitat degradation. Similar laws may operate to protect plant species. Such laws may be enacted entirely to protect biodiversity , or as

5248-549: Is still in its infancy. However, some projects have been started which used ships with nets (Ocean Voyages Institute/Kaisei 2009 & 2010 and New Horizon 2009) to catch some plastics, primarily for research purposes. There is also Bluebird Marine System's SeaVax which was solar- and wind-powered and had an onboard shredder and cargo hold. The Sea Cleaners' Manta ship is similar in concept. Another method to gather artificial litter has been proposed by The Ocean Cleanup 's Boyan Slat . He suggested using platforms with arms to gather

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5376-714: Is summed up by former Senator and founder of Earth Day Gaylord Nelson , "The economy is a wholly owned subsidiary of the environment, not the other way around." Furthermore, environmental issues are seen by many as having an ethical or moral dimension, which would transcend financial cost. Even so, there are some efforts underway to systemically recognize environmental costs and assets, and account for them properly in economic terms. While affected industries spark controversy in fighting regulation, there are also many environmentalists and public interest groups who believe that current regulations are inadequate, and advocate for stronger protection. Environmental law conferences – such as

5504-914: Is the Kyoto Protocol , which followed from the United Nations Framework Convention on Climate Change . While the bodies that proposed, argued, agreed upon, and ultimately adopted existing international agreements vary according to each agreement, certain conferences, including 1972's United Nations Conference on the Human Environment , 1983's World Commission on Environment and Development , 1992's United Nations Conference on Environment and Development , and 2002's World Summit on Sustainable Development have been particularly important. Multilateral environmental agreements sometimes create an International Organization, Institution or Body responsible for implementing

5632-506: The Nature Conservation Law . The updated law aims to address "global environmental problems, urban pollution by everyday life, loss of accessible natural environment in urban areas and degrading environmental protection capacity in forests and farmlands." Ocean dumping Marine debris , also known as marine litter , is human-created solid material that has deliberately or accidentally been released in seas or

5760-570: The North Sea , Scandinavia , and parts of the English Channel . This area is set to include all of the Republic of Ireland's international waters in 2020 culminating in all of Western Europe's subjection to the MARPOL directive. This has proven controversial for shipping and ferry operators across Europe. Concerns have been raised about the environmental damage moving back to the roads by some of

5888-604: The United States . This is expected to create massive changes for the shipping and oil industries, with major updates required to ships and the increased production of lower sulfur fuel. Bunker fuels used within an emission control zone (i.e. North Sea) must have a sulphur content level of less than 0.1% (1000ppm). The IMO has worked on ensuring consistent implementation of the 0.5% sulphur limit in its Marine Environmental Protection Committee (MEPC) and its subcommittee on Pollution Prevention and Response (PPR). This has led to

6016-705: The United States Congress passed the Ocean Dumping Act , giving the Environmental Protection Agency power to monitor and regulate the dumping of sewage sludge, industrial waste, radioactive waste and biohazardous materials into the nation's territorial waters. The Act was amended sixteen years later to include medical wastes . It is illegal to dispose of any plastic in US waters. Property law , admiralty law and

6144-635: The food chain . In efforts to prevent and mediate marine debris and pollutants, laws and policies have been adopted internationally, with the UN including reduced marine pollution in Sustainable Development Goal 14 "Life Below Water". Depending on relevance to the issues and various levels of contribution, some countries have introduced more specified protection policies. Moreover, some non-profits, NGOs, and government organizations are developing programs to collect and remove plastics from

6272-661: The law of the sea may be of relevance when lost, mislaid, and abandoned property is found at sea. Salvage law rewards salvors for risking life and property to rescue the property of another from peril. On land the distinction between deliberate and accidental loss led to the concept of a " treasure trove ". In the United Kingdom , shipwrecked goods should be reported to a Receiver of Wreck , and if identifiable, they should be returned to their rightful owner. A large number of groups and individuals are active in preventing or educating about marine debris. For example, 5 Gyres

6400-600: The ocean . Floating oceanic debris tends to accumulate at the center of gyres and on coastlines , frequently washing aground, when it is known as beach litter or tidewrack. Deliberate disposal of wastes at sea is called ocean dumping . Naturally occurring debris, such as driftwood and drift seeds , are also present. With the increasing use of plastic , human influence has become an issue as many types of (petrochemical) plastics do not biodegrade quickly, as would natural or organic materials. The largest single type of plastic pollution (~10%) and majority of large plastic in

6528-757: The "Tasmanian Dam Case", was a highly significant case in Australian environmental law. The Environment Protection and Biodiversity Conservation Act 1999 is the centerpiece of environmental legislation in Australia. It sets up the "legal framework to protect and manage nationally and internationally important flora, fauna, ecological communities and heritage places" and focuses on protecting world heritage properties, national heritage properties, wetlands of international importance, nationally threatened species and ecological communities, migratory species, Commonwealth marine areas, Great Barrier Reef Marine Park , and

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6656-478: The African models of the 1990s, the phenomenon of constitutionalization of environmental law appeared in 1992, which completed an historical development of environmental law and policy dating back to the years of independence and even long before the colonization. It gives a constitutional basis to environmental protection, which traditionally was part of the legal framework. The two Constitutions of 15 March 1992 and 20 January 2002 concretize this paradigm, by stating

6784-602: The COVID-19 pandemic have been seen in Hong Kong, where disposable masks have ended up along the beaches of Soko’s islands. This may be attributed to the increased production of medical products (masks and gloves) during the pandemic, leading to a rise in unconventional disposal of these products. Techniques for collecting and removing marine (or riverine) debris include the use of debris skimmer boats (pictured) . Devices such as these can be used where floating debris presents

6912-648: The EU (so called regulations) and many directives that must be implemented into national legislation from the 27 member states (national states). Examples are the Regulation (EC) No. 338/97 on the implementation of CITES; or the Natura 2000 network the centerpiece for nature & biodiversity policy, encompassing the bird Directive (79/409/EEC/ changed to 2009/147/EC)and the habitats directive (92/43/EEC). Which are made up of multiple SACs (Special Areas of Conservation, linked to

7040-515: The EU parliament voted for an EU-wide ban on single-use plastic products such as plastic straws, cutlery, plates, and drink containers, polystyrene food and drink containers, plastic drink stirrers and plastic carrier bags and cotton buds. The law will take effect in 2021. In the waters of the United States, there have been many observed consequences of pollution including: hypoxic zones , harmful agal blooms, and threatened species. In 1972,

7168-454: The Environment . Their duties include "the preservation and enhancement of the quality of the natural environment, including water, air and soil quality ; renewable resources, including migratory birds and other non-domestic flora and fauna; water; meteorology;" The Environmental Protection Act is the main piece of Canadian environmental legislation that was put into place March 31, 2000. The Act focuses on "respecting pollution prevention and

7296-589: The Global Plastic Associations for solutions on Marine Litter, have made the pledge to help prevent marine debris and to encourage recycling. Marine debris is a widespread problem, not only the result of activities in coastal regions. Plastic debris from inland states come from two main sources: ordinary litter and materials from open dumps and landfills that blow or wash away to inland waterways and wastewater outflows. The refuse finds its way from inland waterways, rivers, streams and lakes to

7424-479: The Northern and Southern Hemispheres. Some materials and activities used in industrial activities that do not readily degrade, that persist in the environment, and tend to accumulate over time. The activities can include fishing, boating, and aquaculture industries that harvest or use resources in the marine environment and may lose or discard gear, materials, machinery or solid wastes from industrial processes into

7552-645: The Pacific Regional Environmental Programme (SPREP) is an international organization between Australia, the Cook Islands, FMS, Fiji, France, Kiribati, Marshall Islands, Nauru, New Zealand, Niue, Palau, PNG, Samoa, Solomon Island, Tonga, Tuvalu, US, and Vanuatu. The SPREP was established in order to provide assistance in improving and protecting the environment as well as assure sustainable development for future generations. Commonwealth v Tasmania (1983), also known as

7680-519: The Sea by Oil (OILPOL). It specifies tanker design features that are intended to minimize oil discharge into the ocean during ship operations and in case of accidents. It provides regulations with regard to the treatment of engine room bilge water ( OWS ) for all large commercial vessels and ballast and tank cleaning waste ( ODME ). It also introduces the concept of "special sea areas (PPSE)", which are considered to be at risk to pollution by oil. Discharge of oil within them has been completely outlawed, with

7808-497: The U.S. Environmental Protection Agency , "China has been working with great determination in recent years to develop, implement, and enforce a solid environmental law framework. Chinese officials face critical challenges in effectively implementing the laws, clarifying the roles of their national and provincial governments, and strengthening the operation of their legal system." Explosive economic and industrial growth in China has led to significant environmental degradation , and China

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7936-1097: The Union should enter it to their national law, during 2 years. The Parliament also approved a nature restoration law which obligate members to restore 20% of degraded ecosystems (including 30% of drained peatland) by 2030 and 100% by 2050. Environmental law is rapidly growing in the Middle East. The U.S. Environmental Protection Agency is working with countries in the Middle East to improve "environmental governance, water pollution and water security, clean fuels and vehicles, public participation, and pollution prevention." The main concerns about environmental issues in Oceania are "illegal releases of air and water pollutants , illegal logging /timber trade, illegal shipment of hazardous wastes , including e-waste and ships slated for destruction, and insufficient institutional structure/lack of enforcement capacity". The Secretariat of

8064-564: The United States, for example, the relevant implementation legislation is the Act to Prevent Pollution from Ships . One of the difficulties in implementing MARPOL arises from the very international nature of maritime shipping. The country that the ship visits can conduct its own examination to verify a ship's compliance with international standards and can detain the ship if it finds significant noncompliance . When incidents occur outside such country's jurisdiction or jurisdiction cannot be determined,

8192-683: The ability to enforce environmental laws as well as public compliance to them. Other programs work on developing stronger environmental laws, regulations, and standards. The Asian Environmental Compliance and Enforcement Network (AECEN) is an agreement between 16 Asian countries dedicated to improving cooperation with environmental laws in Asia. These countries include Cambodia, China, Indonesia, India, Maldives, Japan, Korea, Malaysia, Nepal, Philippines, Pakistan, Singapore, Sri Lanka, Thailand, Vietnam, and Lao PDR. The European Union issues secondary legislation on environmental issues that are valid throughout

8320-627: The agreement. Major examples are the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) and the International Union for Conservation of Nature (IUCN). International environmental law also includes the opinions of international courts and tribunals. While there are few and they have limited authority, the decisions carry much weight with legal commentators and are quite influential on

8448-410: The amount of marine debris found on beaches with around 55% being a pandemic-related trash items. Although the pandemic-related trash has shown up along the beaches of Kenya, it has not made its way into the water. The reduction of litter in the ocean could be a result of the closing of beaches and lack of movement during the pandemic, so less trash was likely to end up in the ocean. Additional impacts of

8576-470: The annual Public Interest Environmental Law Conference in Eugene, Oregon – typically have this focus, also connecting environmental law with class, race, and other issues. An additional debate is to what extent environmental laws are fair to all regulated parties. For instance, researchers Preston Teeter and Jorgen Sandberg highlight how smaller organizations can often incur disproportionately larger costs as

8704-489: The beaches for Lego dragons. It also provided valuable insight in studying marine plastic degradation. In Halifax Harbour, Nova Scotia, 52% of items were generated by recreational use of an urban park, 14% from sewage disposal and only 7% from shipping and fishing activities. Around four-fifths of oceanic debris is from rubbish blown onto the water from landfills , and urban runoff . Some studies show that marine debris may be dominant in particular locations. For example,

8832-670: The city in an attempt to "clean up" but this simply led people to pollute the river. In 19 days, Parliament passed a further Act to build the London sewerage system . London also suffered from terrible air pollution , and this culminated in the " Great Smog " of 1952, which in turn triggered its own legislative response: the Clean Air Act 1956 . The basic regulatory structure was to set limits on emissions for households and businesses (particularly burning of coal ) while an inspectorate would enforce compliance. Chemical safety laws govern

8960-451: The country refers cases to flag states, in accordance with MARPOL. A 2000 US GAO report documented that even when referrals have been made, the response rate from flag states has been poor. On 1 January 2015, maritime shipping levels became legally subject to new MARPOL directives because the SECA (Sulphur Emission Controlled Areas) zone increased in size. This larger SECA zone will include

9088-475: The current generation to fair access to the current generation's entitlement to the Earth's natural resources" – environmental equity considers the present generation under an obligation to account for long-term impacts of activities, and to act to sustain the global environment and resource base for future generations. Pollution control and resource management laws may be assessed against this principle. Defined in

9216-528: The debris found – 89% of which was single-use – and metal, making up 26%. Plastic debris was found at the bottom of the Mariana Trench, at a depth of 10,898m, and plastic bags were found entangled in hydrothermal vent and cold seep communities. The 10 largest emitters of oceanic plastic pollution worldwide are, from the most to the least, China, Indonesia, Philippines, Vietnam, Sri Lanka, Thailand, Egypt, Malaysia, Nigeria, and Bangladesh, largely through

9344-619: The debris, situated inside the current of gyres. The SAS Ocean Phoenix ship is somewhat similar in design. In June 2019, Ocean Voyages Institute , conducted a cleanup utilizing GPS trackers and existing maritime equipment in the North Pacific Subtropical Convergence Zone setting the record for the largest mid-ocean cleanup accomplished in the North Pacific Gyre and removed over 84,000 pounds of polymer nets and consumer plastic trash from

9472-485: The debris. There are also projects that stimulate fishing boats to remove any litter they accidentally fish up while fishing for fish. Elsewhere, "trash traps" are installed on small rivers to capture waterborne debris before it reaches the sea. For example, South Australia 's Adelaide operates a number of such traps, known as "trash racks" or "gross pollutant traps" on the Torrens River , which flows (during

9600-639: The deep-ocean is in fact impacted by anthropogenic activities, and plastic has been frequently observed in the deep-sea, especially in areas off-shore of heavily populated regions, such as the Mediterranean. Litter, made from diverse materials that are lighter than surface water (such as glasses , metals and some plastics), have been found to spread over the floor of seas and open oceans, where it can become entangled in corals and interfere with other sea-floor life , or even become buried under sediment, making clean-up extremely difficult, especially due to

9728-673: The development of international environmental law. One of the biggest challenges in international decisions is to determine an adequate compensation for environmental damages. The courts include the International Court of Justice (ICJ), the International Tribunal for the Law of the Sea (ITLOS), the European Court of Justice , European Court of Human Rights and other regional treaty tribunals. Previous research found that economic development level and

9856-611: The development on several regulatory and practical measures (FONAR's, Carriage Ban, Ship Implementation Plan etc.) to enable any non-compliance to be detected, for example during port state controls (PSC's). MARPOL Annex VI amendments according with MEPC 176(58) came into force 1 July 2010. Amended Regulations 12 concerns control and record keeping of Ozone Depleting Substances. Amended Regulation 14 concerns mandatory fuel oil change over procedures for vessels entering or leaving SECA areas and FO sulphur limits. MARPOL Annex V has been amended multiple times, changing different aspects of

9984-480: The discharge of "garbage, rubbish, ashes or organic refuse" from "any vessel in Australian waters" without prior written permission from the federal government. It also required permission for scuttling . The act was passed in response to large amounts of garbage washing up on the beaches of Sydney and Newcastle from vessels outside the reach of local governments and the New South Wales government. It

10112-488: The distances from land in which materials may be disposed of and subdivides different types of garbage and marine debris. The requirements are much stricter in a number of "special areas" but perhaps the most prominent part of the Annex is the complete ban of dumping plastic into the ocean. MARPOL Annex VI came into force on 19 May 2005. It introduces requirements to regulate the air pollution being emitted by ships, including

10240-559: The duty to warn other states promptly about icons of an environmental nature and environmental damages to which another state or states may be exposed, and Principle 21 of the Stockholm Declaration ('good neighborliness' or sic utere). Given that customary international law is not static but ever evolving and the continued increase of air pollution (carbon dioxide) causing climate changes, has led to discussions on whether basic customary principles of international law, such as

10368-487: The emission of ozone-depleting substances, Nitrogen Oxides (NOx) , Sulfur Oxides (SOx) , Volatile Organic Compounds (VOCs) and shipboard incineration. It also establishes requirements for reception facilities for wastes from exhaust gas cleaning systems, incinerators, fuel oil quality, off-shore platforms and drilling rigs, and the establishment of Sulfur Emission Control Areas (SECAs) . As of 1 January 2020, new emission standards are enforced for fuel oil used by ships, in

10496-614: The emission regulation in MARPOL Annex VI, such as the 0.5% global sulphur limit, can be enforced on international waters by non-flag States, as some ships sail under a flag of convenience . It is believed that the United Nations Convention on the Law Of the Sea ( UNCLOS ) allows port States to assert jurisdiction over such violations of emission regulation (also of future regulations of GHG) when they occur on

10624-478: The entanglement of large numbers of Antarctic fur seals . Thirteen companies have an individual contribution of 1% or more of the total branded plastic observed in the audit events: The Coca-Cola Company, PepsiCo, Nestlé, Danone, Altria, Bakhresa Group, Wings, Unilever, Mayora Indah, Mondelez International, Mars, Incorporated, Salim Group, and British American Tobacco. All 13 companies produce food, beverage, or tobacco products. The top company, The Coca-Cola Company,

10752-409: The environment for its own sake or for human enjoyment are found throughout history. In the common law , the primary protection was found in the law of nuisance , but this only allowed for private actions for damages or injunctions if there was harm to land. Thus, smells emanating from pigsties , strict liability against dumping rubbish, or damage from exploding dams. Private enforcement, however,

10880-467: The environment surrounding nuclear activities. However, it has been subject to numerous reviews examining its shortcomings, the latest taking place in mid-2020. The interim report of this review concluded that the laws created to protect unique species and habitats are ineffective. The Brazilian government created the Ministry of Environment in 1992 in order to develop better strategies for protecting

11008-645: The environment, using natural resources sustainably, and enforcing public environmental policies. The Ministry of Environment has authority over policies involving environment, water resources, preservation, and environmental programs involving the Amazon. The Department of the Environment Act establishes the Department of the Environment in the Canadian government as well as the position Minister of

11136-710: The habitats directive) & SPAs (Special Protected Areas, linked to the bird directive), throughout Europe. EU legislation is ruled in Article 249 Treaty for the Functioning of the European Union (TFEU). Topics for common EU legislation are: In February 2024, the European Parliament adopted a law making a big, intentionally caused, environmental damage “comparable to ecocide ” a crime that can be punished by up to 10 years in prison. The members of

11264-474: The high seas. Coastal States can assert jurisdiction over violations occurring within their waters, with certain exceptions pertaining to innocent passage and the right of transit passage. The special obligations for flag States and the broadened jurisdictions for coastal and port States, to enforce MARPOL (including Annex VI) are found within the special provisions of part XII of UNCLOS. International environmental law Examples of laws designed to preserve

11392-692: The human right to hold and express opinions and to seek, receive and impart ideas,... a right of access to appropriate, comprehensible and timely information held by governments and industrial concerns on economic and social policies regarding the sustainable use of natural resources and the protection of the environment, without imposing undue financial burdens upon the applicants and with adequate protection of privacy and business confidentiality," and "effective judicial and administrative proceedings". These principles are present in environmental impact assessment , laws requiring publication and access to relevant environmental data, and administrative procedure . One of

11520-519: The inalienable rights of ecosystems to exist and flourish, gives people the authority to petition on the behalf of ecosystems, and requires the government to remedy violations of these rights. The rights approach is a break away from traditional environmental regulatory systems, which regard nature as property and legalize and manage degradation of the environment rather than prevent it. The Rights of Nature articles in Ecuador's constitution are part of

11648-543: The incorporation of the Rights of Nature as a basic tenet of their culture and conceptualization of "Buen Vivir." The Environmental Protection Law outlines the responsibilities of the Egyptian government to "preparation of draft legislation and decrees pertinent to environmental management, collection of data both nationally and internationally on the state of the environment, preparation of periodical reports and studies on

11776-614: The international law context as an obligation to protect one's own environment, and to prevent damage to neighboring environments, UNEP considers transboundary responsibility at the international level as a potential limitation on the rights of the sovereign state . Laws that act to limit externalities imposed upon human health and the environment may be assessed against this principle. Identified as essential conditions for "accountable governments,... industrial concerns", and organizations generally, public participation and transparency are presented by UNEP as requiring "effective protection of

11904-525: The jus cogens (peremptory norms) and erga omnes principles could be applicable for enforcing international environmental law. Numerous legally binding international agreements encompass a wide variety of issue-areas, from terrestrial, marine and atmospheric pollution through to wildlife and biodiversity protection. International environmental agreements are generally multilateral (or sometimes bilateral ) treaties (a.k.a. convention, agreement, protocol, etc.). Protocols are subsidiary agreements built from

12032-513: The larger ferry operators that ship substantial amounts of freight and passenger traffic via these routes affected by IMO standards. They claim that MARPOL will drive up ferry costs for the consumer and freight forwarding companies pushing them back onto the European roadways as a financially more cost effective measure compared to increased ferry costs, thereby defeating the object of reducing water pollution. Concerns have also been raised whether

12160-405: The main lower level food group for the marine food chain and over half of the photosynthesis on earth. One of the most efficient and cost effective ways to help reduce the amount of plastic entering our oceans is to not participate in using single-use plastics, avoid plastic bottled drinks such as water bottles, use reusable shopping bags, and to buy products with reusable packaging . The ocean

12288-463: The most commonly encountered and controversial principles of environmental law, the Rio Declaration formulated the precautionary principle as follows: In order to protect the environment, the precautionary approach shall be widely applied by States according to their capabilities. Where there are threats of serious or irreversible damage, lack of full scientific certainty shall not be used as

12416-459: The most recent is Annex VI, which took effect in May 2005. The country where a ship is registered ( Flag State ) is responsible for certifying the ship's compliance with MARPOL's pollution prevention standards. Each signatory nation is responsible for enacting domestic laws to implement the convention and effectively pledges to comply with the convention, annexes, and related laws of other nations. In

12544-425: The nations' moral value affected environmental regulation compliance. Developed countries like the US, EU, and Australia are urging for better laws targeting the reduction of harmful environmental impacts. It is worth noting that there is a direct correlation between economic development and the distance between law and ethics. Developed countries have a closer relationship between environmental laws and moral values. If

12672-462: The ocean, lakes, and rivers. These nets, often nearly invisible in the dim light, can be left tangled on a rocky reef or drifting in the open sea. They can entangle fish , dolphins , sea turtles , sharks , dugongs , crocodiles , seabirds , crabs , and other creatures, including the occasional human diver. Acting as designed, the nets restrict movement, causing starvation, laceration and infection, and suffocation in those that need to return to

12800-463: The ocean. In May/June 2020, Ocean Voyages Institute conducted a cleanup expedition in the Gyre and set a new record for the largest mid-ocean cleanup accomplished in the North Pacific Gyre which removed over 170 tons (340,000 pounds) of consumer plastics and ghostnets from the ocean. Utilizing custom designed GPS satellite trackers which are deployed by vessels of opportunity , Ocean Voyages Institute

12928-690: The ocean. However, in 2017 the UN estimated that by 2050 there will be more plastic than fish in the oceans if substantial measures are not taken. Researchers classify debris as either land- or ocean-based; in 1991, the United Nations Joint Group of Experts on the Scientific Aspects of Marine Pollution estimated that up to 80% of the pollution was land-based, with the remaining 20% originating from catastrophic events or maritime sources. More recent studies have found that more than half of plastic debris found on Korean shores

13056-410: The ocean. Though ocean and coastal area cleanups are important, it is crucial to address plastic waste that originates from inland and landlocked states. At the systems level, there are various ways to reduce the amount of debris entering our waterways: Consumers can help to reduce the amount of plastic entering waterways by reducing usage of single-use plastics, avoiding microbeads, participate in

13184-589: The oceans is discarded and lost nets from the fishing industry. Waterborne plastic poses a serious threat to fish , seabirds , marine reptiles , and marine mammals , as well as to boats and coasts. Dumping, container spillages, litter washed into storm drains and waterways and wind-blown landfill waste all contribute to this problem. This increased water pollution has caused serious negative effects such as discarded fishing nets capturing animals, concentration of plastic debris in massive marine garbage patches , and increasing concentrations of contaminants in

13312-502: The original text. MEPC.219(63) came into force on 2 March 2012 to generally prohibit the discharge of any garbage into the ocean, with the exception of food wastes, cargo residues, wash-water, and animal carcasses. There are further provisions describing when and how to dispose of the acceptable wastes. MEPC.220(63) came into force on 2 March 2012 to encourage the creation of a waste management plan on-board vessels. In order for IMO standards to be binding, they must first be ratified by

13440-468: The ownership and use of water resources , including surface water and ground water . Regulatory areas may include water conservation , use restrictions, and ownership regimes. Forestry laws govern activities in designated forest lands , most commonly with respect to forest management and timber harvesting . Forestry laws generally adopt management policies for public forest resources, such as multiple use and sustained yield . Forest management

13568-427: The passage of food and causing death through starvation or infection. Tiny floating plastic particles also resemble zooplankton , which can lead filter feeders to consume them and cause them to enter the ocean food chain . In addition, plastic in the marine environment that contaminates the food chain can have repercussions on the viability of fish and shellfish species. In Kenya, the COVID-19 pandemic has impacted

13696-432: The preliminary treatment screens on wastewater plants. These beads are harmful to the organisms in the ocean, especially filter feeders, because they can easily ingest the plastic and become sick. The microplastics are such a concern because it is difficult to clean them up due to their size, so humans can try to avoid using these harmful plastics by purchasing products that use environmentally safe exfoliates. Marine debris

13824-514: The problem. The US military used ocean dumping for unused weapons and bombs, including ordinary bombs, UXO , landmines and chemical weapons from at least 1919 until 1970. Millions of pounds of ordnance were disposed of in the Gulf of Mexico and off the coasts of at least 16 states, from New Jersey to Hawaii (although these, of course, do not wash up onshore, and the US is not the only country who has practiced this). Eighty percent of marine debris

13952-561: The procedures detailed in the International Maritime Dangerous Goods (IMDG) Code, which has been expanded to include marine pollutants. The amendments entered into force on 1 January 1991. Marpol Annex IV came into force on 27 September 2003. It introduces requirements to control pollution of the sea by sewage from ships. MARPOL Annex V ( Regulations for the Prevention of Pollution by Garbage from Ships ) came into force on 31 December 1988. It specifies

14080-619: The protection of the environment and human health in order to contribute to sustainable development." Other principle federal statutes include the Canadian Environmental Assessment Act , and the Species at Risk Act . When provincial and federal legislation are in conflict federal legislation takes precedence, that being said individual provinces can have their own legislation such as Ontario's Environmental Bill of Rights , and Clean Water Act . According to

14208-565: The requirements of the Code for the Construction and Equipment of Ships Carrying Dangerous Chemicals in Bulk (BCH Code). MARPOL Annex III came into force on 1 July 1992. It contains general requirements for the standards on packing, marking, labeling, documentation, stowage, quantity subtraction, division and notifications for preventing pollution by harmful substances. The Annex is in line with

14336-643: The retention of microplastics at certain locations. A Deep-sea Debris database by the Global Oceanographic Data Center of the Japan Agency for Marine-Earth Science and Technology (JAMSTEC), showing thirty years of photos and samples of marine debris since 1983, was made public in 2017. From the 5,010 dives in the database, using both ROVs and deep-sea submersibles, 3,425 man-made debris items were counted. The two most significant types of debris were macro-plastic, making up 33% of

14464-410: The right to pursue and take or kill certain kinds of fish and wild animal ( game ). Such laws may restrict the days to harvest fish or game, the number of animals caught per person, the species harvested, or the weapons or fishing gear used. Such laws may seek to balance dueling needs for preservation and harvest and to manage both environment and populations of fish and game. Game laws can provide

14592-560: The rivers Yangtze, Indus, Yellow, Hai, Nile, Ganges, Pearl, Amur, Niger, and the Mekong, and accounting for "90 percent of all the plastic that reaches the world's oceans." An estimated 10,000 containers at sea each year are lost by container ships , usually during storms. One spillage occurred in the Pacific Ocean in 1992, when thousands of rubber ducks and other toys (now known as the "Friendly Floatees") went overboard during

14720-515: The science is well-settled, it is not unusual to find that corporations intentionally hide or distort the facts, or sow confusion. It is very common for regulated industry to argue against environmental regulation on the basis of cost. Difficulties arise in performing cost–benefit analysis of environmental issues. It is difficult to quantify the value of an environmental value such as a healthy ecosystem, clean air, or species diversity. Many environmentalists' response to pitting economy vs. ecology

14848-549: The state of the environment, formulation of the national plan and its projects, preparation of environmental profiles for new and urban areas, and setting of standards to be used in planning for their development, and preparation of an annual report on the state of the environment to be prepared to the President." In India , Environmental law is governed by the Environment Protection Act, 1986. This act

14976-449: The surface to breathe. A growing concern regarding plastic pollution in the marine ecosystem is the use of microplastics. Microplastics are beads of plastic less than 5 millimeters wide, and they are commonly found in hand soaps, face cleansers, and other exfoliators. When these products are used, the microplastics go through the water filtration system and into the ocean, but because of their small size they are likely to escape capture by

15104-498: The types and numbers of industrial operations nearby. Materials like plastic or foam can break down into smaller particles and may look like small sea creatures to wildlife such as birds, cetaceans, and fish, and they may eat these particles. Indigestible material may accumulate in the gut creating blockages or a false sense of fullness and eventually death from lack of appropriate nutrient intake. Ghost nets are fishing nets that have been abandoned, lost, or otherwise discarded in

15232-820: The understanding of environmental law around the world. Defined by the United Nations Environment Programme (UNEP) as "development that meets the needs of the present without compromising the ability of future generations to meet their own needs," sustainable development may be considered together with the concepts of "integration" (development cannot be considered in isolation from sustainability) and "interdependence" (social and economic development, and environmental protection, are interdependent). Laws mandating environmental impact assessment and requiring or encouraging development to minimize environmental impacts may be assessed against this principle. The modern concept of sustainable development

15360-465: The use of chemicals in human activities, particularly human-made chemicals in modern industrial applications. As contrasted with media-oriented environmental laws (e.g., air or water quality laws), chemical control laws seek to manage the (potential) pollutants themselves. Regulatory efforts include banning specific chemical constituents in consumer products (e.g., Bisphenol A in plastic bottles), and regulating pesticides . Water resources laws govern

15488-442: The water or onto shorelines. This can include anything as large as a fishing boat or as small as particle from a Styrofoam lobster float. In 2003, a study was conducted to identify types, amounts, sources, and effects of persistent industrial marine debris in the coastal waters and along the shores of Charlotte County, New Brunswick , and examine any relationship between the amount and types of persistent industrial marine debris, and

15616-618: The wet season) into Gulf St Vincent . In lakes or near the coast, manual removal can also be used. Project AWARE for example promotes the idea of letting dive clubs clean up litter, for example as a diving exercise. Once a year there is a diving marine debris removal operation in Scapa Flow in Orkney , run by Ghost Fishing UK, funded by World Animal Protection and Fat Face Foundation. Cleanup of marine debris can be stymied by inadequate collaboration across levels of government, and

15744-440: The wide area of its dispersal compared to shipwrecks . Plastics that are usually negatively buoyant can sink with the adherence of phytoplankton and the aggregation of other organic particles. Other oceanic processes that affect circulation, such as coastal storms and offshore convection, play a part in transferring large volumes of particles and debris. Submarine topographic features can also augment downwelling currents, leading to

15872-510: Was a topic of discussion at the 1972 United Nations Conference on the Human Environment (Stockholm Conference), and the driving force behind the 1983 World Commission on Environment and Development (WCED, or Bruntland Commission). In 1992, the first UN Earth Summit resulted in the Rio Declaration , Principle 3 of which reads: "The right to development must be fulfilled so as to equitably meet developmental and environmental needs of present and future generations." Sustainable development has been

16000-649: Was limited and found to be woefully inadequate to deal with major environmental threats , particularly threats to common resources. During the " Great Stink " of 1858, the dumping of sewerage into the River Thames began to smell so ghastly in the summer heat that Parliament had to be evacuated. Ironically, the Metropolitan Commission of Sewers Act 1848 had allowed the Metropolitan Commission for Sewers to close cesspits around

16128-775: Was repealed and replaced by the Environment Protection (Sea Dumping) Act 1981 , which gave effect to the London Convention. In 1972 and 1974, conventions were held in Oslo and Paris respectively, and resulted in the passing of the OSPAR Convention , an international treaty controlling marine pollution in the north-east Atlantic Ocean . The Barcelona Convention protects the Mediterranean Sea . The Water Framework Directive of 2000

16256-423: Was responsible for 11% (CI95% = 10 to 12%), significantly greater than any other company. The top 5 companies were responsible for 24% of the branded plastic; 56 companies were responsible for greater than 50% of the branded plastic; and 19,586 companies were responsible for all of the branded plastic. The contributions of the top companies may be an underestimation because there were brands that were not attributed to

16384-562: Was signed on 17 February 1973, but did not come into force at the signing date. The current convention is a combination of 1973 Convention and the 1978 Protocol, which entered into force on 2 October 1983. As of January 2018, 156 states are parties to the convention, being flag states of 99.42% of the world's shipping tonnage. All ships flagged under countries that are signatories to MARPOL are subject to its requirements, regardless of where they sail, and member nations are responsible for vessels registered on their national ship registry. MARPOL

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