Ben Boer, Rowena Cantley-Smith and Tianbao Qin
Beatriz Garcia, Mandy Meng Fang and Jolene Lin
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.
Andy Raine and Emeline Pluchon
Reported Period 15.11.2018-13.02.2019
Edited by Lorenzo Squintani
The right to a remedy is central to a human rights approach to climate change. However, a range of obstacles inhibit access to justice for victims of human rights violations caused by climate change. This article considers two elements of the right to a remedy: access to justice and substantive redress. In relation to access to justice, it considers the potential of domestic courts, as well as regional and international bodies, to offer redress for human rights violations caused by climate change. In relation to substantive redress, it examines international jurisprudence on remedies and discusses its applicability in the context of climate change. Together, these discussions provide an insight into the obstacles to justice for human rights violations caused by climate change and the ways in which these may be overcome.
Jolene Lin and Alexander Zahar
Reported Period 15.09.2018-15.11.2018
Alex G. Oude Elferink
To address the question how a future instrument for areas beyond national jurisdiction (ABNJ) might give consideration to the rights and obligations of coastal States and other States in establishing marine protected areas (MPAs) in ABNJ, the current article discusses the options that have been tabled in this respect in the preparatory meetings for the intergovernmental conference that will be negotiating that instrument. In considering the current legal framework, the focus is on the United Nations Convention on the Law of the Sea (LOSC), as the new instrument is to be elaborated under the LOSC and is required to be fully consistent with it. The article analyses the relevant practice of four specific regions that have established MPAs in ABNJ. The article concludes that due regard is fundamental in addressing interactions between coastal States and other States and considers some options to provide it with specific content.
Thomas Vanagt, Arianna Broggiato, Laura E. Lallier, Marcel Jaspars, Geoff Burton and Dominic Muyldermans
A fair and effective regime regulating benefit-sharing of marine genetic resources (MGR) in areas beyond national jurisdiction (ABNJ) must consider the inclusion of developing states, support scientific research and safeguard investments of the private sector. The present innovative proposal ensures a delicate balance through an approach based on open access, albeit with limitations. Access to MGR in ABNJ is facilitated, but conditional on the public release of collected samples and raw data. Adoption of the open access principle guarantees a powerful form of non-monetary benefit-sharing. The balance is maintained by the option for an extended embargo period, allowing samples and data to be kept confidential for a certain period, against payment to a biodiversity contribution fund. Monetary benefit-sharing, as a sector-negotiated percentage on revenue, could be imposed at the point of product commercialisation, and would offer a tangible payment system with a low transaction cost.