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Challenges for Regulation and Management of Microplastic in Environment and Proposed Changes

2025
Sergio Peña-Neira

Summary

This review examines failures in international law and national regulations to adequately address microplastic pollution in water bodies, arguing that recent treaty negotiations have been insufficient and proposing regulatory changes to better manage microplastics in the environment.

International law and national regulations have failed to adequately address the issue of microplastics in the environment, especially in water bodies. Recent international treaty negotiations aimed at tackling microplastic pollution have not yielded favorable outcomes. The proposed solutions encompass a range of considerations, including economic factors, legal frameworks (both international and national), and social issues. However, the primary challenges are intertwined with the existing legal systems. Various proposals have been put forward. One suggests the creation of an international treaty that comprehensively addresses the myriad problems associated with microplastic pollution. Another proposes leveraging existing international treaties focused on pollution to penalize sources of microplastics. A third recommendation involves the exploration of the possibility of amending international treaties to incorporate specific provisions related to microplastic pollution through protocols. However, all these suggestions presuppose that once drafted and signed, international treaties or protocols will be ratified and effectively enforced. Furthermore, the content within these treaties and national laws may give rise to additional challenges. Questions arise regarding the nature of the rules to be enacted and their specific provisions. Will these rules primarily center on preventive measures, such as those establishing environmental impact assessments, or will they extend to other areas such as decontamination and the replacement of microplastic sources? This chapter will delve into these intricacies and present a potential proposal for consideration.

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