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Author: Judith Schäli

Abstract

In view of global challenges such as accelerating marine biodiversity loss, growing marine pollution and ocean acidification, the present article discusses ocean resource management and the protection and conservation of marine living resources under the United Nations Convention on the Law of the Sea. The convention’s underlying principle of territorial sovereignty, which applies to areas under national jurisdiction, provides little guidance on how to protect and preserve marine living resources located beyond national jurisdiction. The complementary principle of freedom of the high seas does not satisfyingly close the conceptual gap. Based on a ‘first come, first served’-mentality, it leaves marine resources vulnerable to over-exploitation and did not curb biodiversity loss or marine pollution. Along with the rise of the concept of sustainable development and its inherent concepts of inter- and intragenerational equity, a conceptual shift can be observed in international law towards a general responsibility of states to protect and preserve the environment, which is due to the international community as a whole. Against this background, the article suggests ocean governance and the protection and preservation of the marine environment to fall under the concept of common concern of humankind, which gives states the legal foundation to assume responsibilities beyond their territory to protect the interests in common concern.

In: Intergenerational Equity
Author: Judith Schäli
The open access publication of this book has been published with the support of the Swiss National Science Foundation.

The massive accumulation of plastics in marine environments is one of the most pressing environmental concerns of our time. This book examines the relevant international legal framework applying to land-based sources of plastic pollution. Against the backdrop of the dynamics of recent policy formulation in this field, it outlines the main developments and provides a snapshot inventory of state obligations related to plastic pollution mitigation. The Mitigation of Marine Plastic Pollution in International Law identifies the main barriers and opportunities, and points out the possible building blocks of an enhanced regime.
Author: Judith Schäli

The massive accumulation of plastics in marine environments is internationally recognized as one of the most pressing environmental concerns of our time. This work examines the relevant international legal framework applying to land-based sources of plastic pollution, as well as its implementation at various levels of governance. Against the backdrop of the dynamics of recent policy formulation in this field, it outlines the main developments in global policy and provides a snapshot inventory of the most important obligations of states related to plastic pollution mitigation. Having laid the foundations for commitments to protect and preserve the marine environment and its biological diversity, the United Nations Convention on the Law of the Sea is at the core of the legal analysis. It plays an important role with regard to both coherence and international cooperation. The book evaluates the regime’s major traits and tests their practical impacts on the challenge of massive plastic accumulation in marine environments. It identifies the main barriers and opportunities, and points out the possible building blocks of an enhanced regime. Specifically, the book suggests the adoption of a global, legally binding instrument on marine plastic pollution mitigation from land-based sources.

Open Access
In: The Mitigation of Marine Plastic Pollution in International Law
Author: Judith Schäli

The massive accumulation of plastics in marine environments is internationally recognized as one of the most pressing environmental concerns of our time. This work examines the relevant international legal framework applying to land-based sources of plastic pollution, as well as its implementation at various levels of governance. Against the backdrop of the dynamics of recent policy formulation in this field, it outlines the main developments in global policy and provides a snapshot inventory of the most important obligations of states related to plastic pollution mitigation. Having laid the foundations for commitments to protect and preserve the marine environment and its biological diversity, the United Nations Convention on the Law of the Sea is at the core of the legal analysis. It plays an important role with regard to both coherence and international cooperation. The book evaluates the regime’s major traits and tests their practical impacts on the challenge of massive plastic accumulation in marine environments. It identifies the main barriers and opportunities, and points out the possible building blocks of an enhanced regime. Specifically, the book suggests the adoption of a global, legally binding instrument on marine plastic pollution mitigation from land-based sources.

Open Access
In: The Mitigation of Marine Plastic Pollution in International Law
Author: Judith Schäli

The massive accumulation of plastics in marine environments is internationally recognized as one of the most pressing environmental concerns of our time. This work examines the relevant international legal framework applying to land-based sources of plastic pollution, as well as its implementation at various levels of governance. Against the backdrop of the dynamics of recent policy formulation in this field, it outlines the main developments in global policy and provides a snapshot inventory of the most important obligations of states related to plastic pollution mitigation. Having laid the foundations for commitments to protect and preserve the marine environment and its biological diversity, the United Nations Convention on the Law of the Sea is at the core of the legal analysis. It plays an important role with regard to both coherence and international cooperation. The book evaluates the regime’s major traits and tests their practical impacts on the challenge of massive plastic accumulation in marine environments. It identifies the main barriers and opportunities, and points out the possible building blocks of an enhanced regime. Specifically, the book suggests the adoption of a global, legally binding instrument on marine plastic pollution mitigation from land-based sources.

Open Access
In: The Mitigation of Marine Plastic Pollution in International Law
Author: Judith Schäli

The massive accumulation of plastics in marine environments is internationally recognized as one of the most pressing environmental concerns of our time. This work examines the relevant international legal framework applying to land-based sources of plastic pollution, as well as its implementation at various levels of governance. Against the backdrop of the dynamics of recent policy formulation in this field, it outlines the main developments in global policy and provides a snapshot inventory of the most important obligations of states related to plastic pollution mitigation. Having laid the foundations for commitments to protect and preserve the marine environment and its biological diversity, the United Nations Convention on the Law of the Sea is at the core of the legal analysis. It plays an important role with regard to both coherence and international cooperation. The book evaluates the regime’s major traits and tests their practical impacts on the challenge of massive plastic accumulation in marine environments. It identifies the main barriers and opportunities, and points out the possible building blocks of an enhanced regime. Specifically, the book suggests the adoption of a global, legally binding instrument on marine plastic pollution mitigation from land-based sources.

Open Access
In: The Mitigation of Marine Plastic Pollution in International Law