Tuesday, July 5, 2011

Plastic Soup – What Legal Response to Marine Debris Pollution ?

In 1997, Captain Charles Moore, founder of the Algalita Marine Research Foundation (AMRF), was sailing his 50-foot racing catamaran, the ORV Alguita, back to California from Hawaii and decided on a lark to cut through the center of the North Pacific Subtropical Gyre. The Gyre is an enormous vortex of currents revolving around a continuous high-pressure zone. Boats typically avoid it since it’s essentially one big windless death trap, so when Moore motored through it, it was just him, his crew, and an endless field of ….. garbage.

In the eastern portion of the Gyre, Moore encountered a substantial amount of trash, mostly plastic, scattered across the area. Now commonly referred to as the Great Pacific Garbage Patch, it is a vast plastic soup containing everything from large abandoned fishing nets to plastic bottles, bottle caps, toothbrushes, containers, boxes, to miniscule particles of plastic (polymers) that have either been reduced from larger pieces by wave action or photodegradation. Since then, Captain Moore has made numerous research voyages to the Gyre, resulting in a body of authoritative research publications, data and educational programs, while expanding his research to include all five major gyres worldwide.

Environmental Impacts of Marine Debris and Plastic Pollution

What is exactly the global environmental problem of marine debris and plastic pollution we’re dealing with ? In two reports of the United Nations Environment Programme (UNEP) dedicated to this topic, marine debris (or marine litter as this term is used) are defined as ‘any persistent, manufactured or processed solid material discarded, disposed of or abandoned in the marine and coastal environment’. This definition is also used in a 2010 report of the Marine Strategy Framework Directive Taskgroup (EU) on marine litter. As the latter gives a more refined clarification on the subject, it excludes ‘ semi-solid remains of for example mineral and vegetable oils, paraffin and chemicals that sometimes litter sea and shores’.

Of all marine debris, plastic accounts for more than 80 %. But where does it all come from ? Global estimations account land-based sources for some 4/5 of marine debris, while the remaining part originates from marine resources, e.g. vessel source pollution. Marine debris can be encountered in the surface, in the water column, and even on the ocean floor. In some places, marine debris occurs in dense concentrations on account of ocean gyres, as Captain Moore’s discovery of the Great Pacific Garbage Patch has shown us.

In its summary, the 2009 UNEP report Marine Litter : A Global Challenge, states that marine debris are ‘an environmental, economic, health and aesthetic problem’. We are all too familiar with the environmental impacts of marine debris on marine wildlife : entanglement, ingestion, suffocation, etc. Obviously, marine debris evidently cause widespread suffering of marine animals. Concerns have also been raised about the effects on the oceans’ food chain. High concentrations of PCBs, DDT, and a range of other persistent organic pollutants (POPs) have been absorbed and accumulated in the food chain. Invasive alien species transported by the debris have destroyed certain local ecosystems.

Besides the impacts on marine wildlife and ecosystems, marine debris affect humans as well. The fouling of beaches and other coastal areas has been costly and controversial. Many coastal communities must pay for their own beach cleanup. While cleanup is expensive, the economic impact on tourism and related industries may be even far greater. Other examples are : damage to fishing boats and gear, to coastal installations, as well as damage to people’s health.

Legal Responses to Marine Debris Pollution

Solving this problem of marine pollution is a very complex and challenging enterprise. In particular, its legal framework. Various international and regional instruments, domestic and local laws and regulations apply directly or indirectly to marine debris pollution. International authorities concerned with marine debris and ocean dumping include the Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter (London Dumping Convention), its 1996 Protocol, the International Convention for the Prevention of Pollution from Ships (MARPOL), its Annex V on garbage, agreements concluded under the United Nations Regional Seas Programme, the OSPAR Convention, and the 1982 Law of the Sea Convention. Of growing significance is also the EU Marine Strategy Framework Directive.

The conspicuously global nature of the marine debris problem indicates that a potential role of significance is reserved for international environmental law. However, not all international and regional instruments are legally binding, and not all have a strong focus on marine debris and plastic pollution. In his recent article "Managing Marine Litter : Exploring the Evolving Role of International and European Law in Confronting a Persistent Environmental Problem", Arie Trouwborst concludes that on the one hand, the situation with regard to marine litter would have been worse without international environmental law, but on the other hand, international environmental law has still unfulfilled potential. Due to its inherent limitations, international environmental law cannot provide for more than a ‘thirty percent solution’ to environmental problems.

That leaves a remaining seventy percent to be provided by domestic laws and regulations, to politics, economics, technology, public awareness, etc. In two articles (see BAUR and IUDICELLO, "Stemming the Tide of Marine Debris Pollution" and WEINSTEIN, "Main Ingredient in “Marine Soup”") the importance of domestic legislation and action as a solution for this global environmental problem is shown.

If we want to keep our oceans sound and healthy, more (inter)national action has to be taken to counter this huge environmental problem. Recent initiatives as the Waves of Change : Global Lessons to Inspire Local Action, 5th International Marine Debris Conference, Honolulu, Hawai'i, March 20-25, 2011, show growing interest in and commitment to preventing, reducing and managing marine debris and plastic pollution.


PPL Systematic classification

Environmental Questions, Marine Pollution


PPL Keywords

Dumping at Sea, Land-Based Marine Pollution, Marine Environment Protection, Marine Pollution, Oceans, Pollution from Vessels


PPL Books and Articles

BAUR, D.C. and S. IUDICELLO, “Stemming the Tide of Marine Debris Pollution : Putting Domestic and International Control Authorities to Work”, in : 17 Ecology Law Quarterly (1990) 1, pp. 71-142

TROUWBORST, A., “Managing Marine Litter : Exploring the Evolving Role of International and European Law in Confronting a Persistant Environmental Problem”, 27 Merkourios – Utrecht Journal of International and European Law 73, pp. 4-18

WEINSTEIN, S., “Main Ingredient in Marine Soup : Eliminating Plastic Bag Pollution Through Consumer Disincentive”, in : 40 California Western International Law Journal (2009-2010), pp. 291-333


UNEP Marine Litter Publications

Marine Litter: A Global Challenge (2009)

This report prepared under a collaborative partnership between the Ocean Conservancy and UNEP Regional Seas Programme, aims to provide an overview of the status of marine litter in UNEP's assisted Regional Seas, based on the analysis of regional reviews, and regional action plan documents prepared in the regions.
It makes a comparative analysis of all available materials and draws conclusions regarding the state of marine litter at the global and regional levels, and concludes that there is an urgent need to approach the issue of marine litter through better enforcement of laws and regulations, expanded outreach and educational campaigns and the employment of strong economic instruments and incentives.


Marine Litter: An analytical overview (2005)

This publication was prepared by UNEP/Regional Seas and the GPA and was published in June 2005. The document deals with the problem of marine litter, as well as measures to prevent the problem, with an analysis of the situation and proposals for action.


External Links

Great Pacific Garbage Patch - Wikipedia, the free encyclopedia

Indian Ocean Garbage Patch - Wikipedia, the free encyclopedia

Marine Debris - Wikipedia, the free encyclopedia

NOAA Marine Debris Program

North Atlantic Garbage Patch - Wikipedia, the free encyclopedia

2 comments:

Anonymous said...

Too bad that not a lot of people care about our world's oceans considering that 50% of the air we breathe comes from it. Check this video out. http://youtu.be/57_KdKrJKeM

Anonymous said...

Hello, i believe that і noticеԁ you visіted my blog so i came
to gο back the want?.I аm attempting to find things to іmρrοve my ѕite!

І ѕuppose its gοod enough to use some of your concepts!

!

Loοk into my site please click Here to unsubscribe of future e-mailings