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Abstract
This article provides insights into the challenges and current state of solid waste management in metropolitan cities of India. It emphasizes the importance of legal regulations in ensuring effective waste management to address environmental concerns. This research highlights the need for coordinated efforts among public authorities, adopting technologically advanced best practices globally, and incorporating Waste Hierarchy and Circular Economy concepts for efficient waste management. By addressing challenges like poor community engagement, understaffing, and political interference, the article underscores the significance of robust legal frameworks and strategic policies to mitigate environmental impacts and improve waste management practices in metropolitan cities. Recommendations include enhancing transparency in environmental information, establishing sustainable waste management systems, improving legislation, and promoting stakeholder engagement.
Abstract
On 21 May 2024, the International Tribunal on the Law of the Sea (ITLOS) delivered a ground-breaking and authoritative advisory opinion on States’ obligations under Part XII of the 1982 United Nations Convention on the Law of the Sea (LOSC). After confirming its jurisdiction over the request, ITLOS ruled that greenhouse gas emissions cause ‘deleterious effects on the marine environment’ and therefore constitute pollution under the LOSC. ITLOS explained the relationship between obligations under the LOSC and climate law and clarified the due diligence nature of the LOSC obligations to prevent marine pollution and to protect the marine environment.
Abstract
This article critically examines the current benefit-sharing regime on the international seabed (the Area) and the proposed modalities for benefit-sharing. The United Nations Convention on the Law of the Sea contains few and vague rules on this issue. The only obligation is that benefit-sharing should be ‘equitable’ and the interests of developing States must be considered. To determine what may constitute equitable sharing the practice of other law of the sea legal regimes are examined and proposed distribution mechanisms are critically analysed. The article offers a unique perspective by trying to identify the scope of the vague equitable criterion for sharing or distributing benefits, rather than referring to it as a general goal or principle. Doing so, the article offers a practical account for the feasibility of different distribution modalities, which may yield new insights for institutional design to better deal with challenges in this well-researched but still unclear issue.
Abstract
Against the backdrop of the United Nation’s recent adoption of the ‘BBNJ Agreement’ and the spotlight on the International Seabed Authority (ISA) regarding deep seabed mining, this article analyses area-based management tool (ABMT) provisions and processes under the BBNJ Agreement and ISA, using the draft Regional Environmental Management Plan for the northern Mid-Atlantic Ridge as a specific example. It explores potential interactions between the BBNJ Agreement and the ISA, and compares their ABMT processes, to understand how they could contribute to creating coherent ABMT networks in areas beyond national jurisdiction. It considers how the BBNJ Agreement’s objective for international cooperation and coordination with other instruments, frameworks, and bodies is envisaged, and could practically play out with the ISA, particularly in light of its ‘not undermine’ obligation. It suggests improvements to the ISA ABMT processes, based on the standards and procedures set by the BBNJ Agreement.
Abstract
The Stockholm Declaration and the London Convention/Protocol continue to shape multilateralism in marine environmental law. They guide international law-making and judicial processes including the recent International Tribunal for the Law of the Sea Advisory Opinion on Climate Change and International Law. They also inspire the World Maritime University (WMU)-Sasakawa Global Ocean Institute and its work on areas beyond national jurisdiction, plastic pollution, gender equality for the Decade of Ocean Science, the World Ocean Assessment, sea level rise, capacity-building in the Eastern Caribbean, and the Future Ocean Programme.