Shared State Responsibility for Land-Based Marine Plastic Pollution
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Shared State Responsibility for Land-Based Marine Plastic Pollution. / Tanaka, Yoshifumi.
I: Transnational Environmental Law, Bind 12, Nr. 2, 2023, s. 244-269 .Publikation: Bidrag til tidsskrift › Tidsskriftartikel › Forskning › fagfællebedømt
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TY - JOUR
T1 - Shared State Responsibility for Land-Based Marine Plastic Pollution
AU - Tanaka, Yoshifumi
PY - 2023
Y1 - 2023
N2 - Plastic litter is introduced into the oceans from land-based sources located in many countries around the world. Marine plastic pollution may therefore be attributable to multiple states, resulting in shared state responsibility. This article discusses the issue of shared state responsibility for land-based marine plastic pollution by examining (i) primary rules of international law concerning the prevention of land-based marine plastic pollution; (ii) secondary rules of international law on this subject; and (iii) possible ways of strengthening the primary rules. It concludes that the barrier for the invocation of state responsibility may become higher in cases of shared state responsibility. Three cumulative solutions to this problem are proposed: elaborating the obligation of due diligence, strengthening compliance procedures, and interlinking regimes governing the marine environment and international watercourses.
AB - Plastic litter is introduced into the oceans from land-based sources located in many countries around the world. Marine plastic pollution may therefore be attributable to multiple states, resulting in shared state responsibility. This article discusses the issue of shared state responsibility for land-based marine plastic pollution by examining (i) primary rules of international law concerning the prevention of land-based marine plastic pollution; (ii) secondary rules of international law on this subject; and (iii) possible ways of strengthening the primary rules. It concludes that the barrier for the invocation of state responsibility may become higher in cases of shared state responsibility. Three cumulative solutions to this problem are proposed: elaborating the obligation of due diligence, strengthening compliance procedures, and interlinking regimes governing the marine environment and international watercourses.
U2 - 10.1017/S2047102522000462
DO - 10.1017/S2047102522000462
M3 - Journal article
VL - 12
SP - 244
EP - 269
JO - Transnational Environmental Law
JF - Transnational Environmental Law
SN - 2047-1025
IS - 2
ER -
ID: 341289731