Shared State Responsibility for Land-Based Marine Plastic Pollution

Bibliographic Data

ID4609987
AuthorsYoshifumi Tanaka (0000-0002-1920-8675, University of Copenhagen, corresponding author)
Year2023
Volume12
Issue2
Pages244-269
Publication date2023-07-01
Peer ReviewedYes
Open AccessYes
TypeARTICLE
VenueTransnational Environmental Law (JOURNAL)
Journal identifiersISSN: 2047-1025 • E-ISSN: 2047-1033
PublisherCambridge University Press (CUP) (PUBLISHER)
DOI10.1017/s2047102522000462
OpenAlexW4362578270
LanguageEN
Citations received1
References cited21

Plastic litter is introduced into the oceans from land-based sources located in many countries around the world. Marine plastic pollution may therefore be attributable to multiple states, resulting in shared state responsibility. This article discusses the issue of shared state responsibility for land-based marine plastic pollution by examining (i) primary rules of international law concerning the prevention of land-based marine plastic pollution; (ii) secondary rules of international law on this subject; and (iii) possible ways of strengthening the primary rules. It concludes that the barrier for the invocation of state responsibility may become higher in cases of shared state responsibility. Three cumulative solutions to this problem are proposed: elaborating the obligation of due diligence, strengthening compliance procedures, and interlinking regimes governing the marine environment and international watercourses

Biology · Environmental ethics · Environmental planning · Environmental protection · Environmental resource management · Plastic pollution · Computer Science · Effects and risks of endocrine disrupting chemicals · Environmental Science · Microplastics and Plastic Pollution · Philosophy · Recycling and Waste Management Techniques · Ecology · Pollution

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