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Ben Boer, Rowena Cantley-Smith and Tianbao Qin

Beatriz Garcia, Mandy Meng Fang and Jolene Lin

Abstract

Marine plastics pollution (MPP) is an alarming problem affecting many countries, particularly in the Asia-Pacific region, and generated mostly from land-based sources. Five Asian countries (i.e. China, Indonesia, the Philippines, Vietnam and Sri Lanka) have been identified as the largest sources of MPP globally. This article presents two cases studies focused on the two largest polluters: China and Indonesia. Both countries face similar challenges in dealing with plastic pollution. They have weak legal and institutional frameworks in place to deal with MPP. The two case studies also show that there have been more creative and effective measures taken at the domestic level by local governments and non-state actors, many of which involve partnerships among different stakeholders. This article argues that governance efforts to address MPP require an ‘all hands-on deck’ approach, involving multi-level and multi-actor strategies and targeted regulatory and non-regulatory measures. However, our findings also suggest that most efforts should be directed at the subnational level, from which the problem mainly originates. This article proposes a number of legal and policy recommendations, based on the lessons learned from the case studies, which can be instrumental in reducing the global MPP crisis.

Leena Grover

What relationship does international law have to transitional justice and what role has the United Nations (UN) played in shaping that relationship? The international legal history of this concept reveals that the UN has shifted from relying on international law to support nationally determined transitional justice efforts to expecting States to conform to a growing body of international legal standards it has set in this field. This turn to international legal hegemony and UN managerialism can marginalise some of the most pressing concerns of people attempting to overcome past large-scale abuses. In recent years, the UN has expanded its work in transitioning societies and scholars have recommended ways for better addressing the needs of their members. However, these measures seem partial at best, as they disrupt neither international law’s hegemony nor the UN’s managerial role in this field, which operate as major constraints on societies weighing their transitional justice options.

Kris Van Nijen, Steven Van Passel, Chris G. Brown, Michael W. Lodge, Kathleen Segerson and Dale Squires

Abstract

In July 2015, the Council of the International Seabed Authority (ISA) adopted seven priority deliverables for the development of the exploitation code. The first priority was the development of a zero draft of the exploitation regulations. This article focusses on the second priority deliverable, namely the development of a payment mechanism for exploitation activities, following detailed financial and economic models based on proposed business plans. Between 2015 and 2017, five workshops have been organised with 196 active participants from 34 countries. The results so far are synthesised, drawing upon the outcome of these workshops, ISA technical papers, and the scholarly literature.

Edited by Lorenzo Squintani