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International Legal Systems in Tackling the Marine Plastic Pollution: A Critical Analysis of UNCLOS and MARPOL
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This legal analysis examines how two major international agreements, UNCLOS and MARPOL, address marine plastic pollution and identifies significant gaps in their ability to reduce it. The existing laws lack enforceable requirements for reducing land-based plastic waste and have uneven enforcement of rules for ship-based discharges. The paper proposes strengthening international law to promote a circular economy approach, which matters because marine plastic breaks down into microplastics that enter the seafood supply.
Marine plastic pollution (MPP) has become one of the most pressing environmental challenges, severely affecting marine ecosystems and human health. Even though international agreements such as UNCLOS and the International Convention for the Prevention of Pollution from Ships (MARPOL) of the International Maritime Organization (IMO) exist, the existing laws are often being introduced to question the inability of the present laws to do something about the escalating issue of plastic pollution. This study uses a doctrinal legal approach to examine how UNCLOS and MARPOL respond to marine plastic pollution (MPP) with a focus on their ability to handle land-based and ship-based MPP. Gaps in these frameworks are underlined, such as a lack of enforceable requirements under UNCLOS on reducing plastic rubbish from LBS and disparities in implementing MARPOL’s regulations on plastic discharges from ships. This paper also explores activities of organizations such as the United Nations Environment Programme (UNEP), with a focus on the Regional Seas Programme and the Global Programme of Action. Although a lot has been achieved, much remains to be done to resolve the problem of marine plastic pollution. This paper concludes with a series of practical proposals aimed at refining international laws, strengthening enforcement, and encouraging collective action at the international level. The proposed measures are aimed at advancing a circular economy model, strengthening legal infrastructure, and fostering a single global response against marine plastic pollution.
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