A Study on Existing Soft Law for Marine Plastic and Suggestions for New Plastic Convention
0
조회
0
다운로드
1
인용
0
참고문헌
키워드
초록
The oceans, which cover approximately two-thirds of the planet, are home to hundreds of millions of species of organisms, absorb carbon dioxide, and play a crucial role in mitigating climate change. In addition, the sea provides marine resources in terms of human economy and industry and plays an important role in trade. As such, the ocean, which has a very close relationship with our lives, is being destroyed by waste. 8 million pieces of debris enter the ocean every day, and a variety of marine life is directly affected by being entangled in or ingesting the waste. To respond to marine plastics that negatively affect the marine environment, the international community has agreed to enact a legally binding international treaty that directly regulates marine plastics. This can be argued to be very positive for the marine environment, which is becoming increasingly serious due to marine plastic. Protection of the marine environment from land-based source of marine pollution has been developed in the form of soft law for centuries. This soft law will certainly have implications for the newly enacted marine plastic treaty. Therefore, this study examines the contents of soft law through doctrinal legal research, and will suggest the provisions that should be included in new international treaty.
Abstract
The oceans, which cover approximately two-thirds of the planet, are home to hundreds of millions of species of organisms, absorb carbon dioxide, and play a crucial role in mitigating climate change. In addition, the sea provides marine resources in terms of human economy and industry and plays an important role in trade. As such, the ocean, which has a very close relationship with our lives, is being destroyed by waste. 8 million pieces of debris enter the ocean every day, and a variety of marine life is directly affected by being entangled in or ingesting the waste. To respond to marine plastics that negatively affect the marine environment, the international community has agreed to enact a legally binding international treaty that directly regulates marine plastics. This can be argued to be very positive for the marine environment, which is becoming increasingly serious due to marine plastic. Protection of the marine environment from land-based source of marine pollution has been developed in the form of soft law for centuries. This soft law will certainly have implications for the newly enacted marine plastic treaty. Therefore, this study examines the contents of soft law through doctrinal legal research, and will suggest the provisions that should be included in new international treaty.
참고문헌 (60)
- Balkin P., "The Stockholm declaration and law of the marine environment" (2003), Martinus Nijhoff Publishers
- Beyerlin U., "The Oxford Handbook of International Environmental Law" (2007), Oxford University Press
- Boyle A., "The making of international law" (2007), Oxford University Press
- Boyle A. E., "Birnie, Boyle, and Redgwell's International Law and the Environment" (2021), Oxford University Press
- Churchill R., "The Law of the Sea" (1999), Manchester University Press
- Fajardo T., "Principles of Environmental Law" (2018), Edward Elgar Publishing
- Harrison J., "Saving the oceans through law : The international legal framework for the protection of the marine environment" (2017), Oxford University Press
- Hassan D., "Protecting the Marine Environment from Land-Based Sources of Pollution : Towards Effective International Cooperation" (2017), Routledge
- Nollkaemper A., "Marine debris: Sources, Impacts and Solutions" (1997), Springer
- Sadeleer D., N., "Environmental principles : from political slogans to legal rules" (2020), Oxford University Press
- Sand H. P., "The Oxford Handbook of International Environmental Law" (2007), Oxford University Press
- Sands P., "Principles of International Environmental Law" (2018), Cambridge University Press
- Scotford E., "Environmental principles and the evolution of environmental law" (2017), Bloomsbury Publishing
- Scotford E., "The Oxford Handbook of Comparative Environmental Law" (2019), Oxford University Press
- Patricia W., "International Law and the Environment" (2009), Oxford University Press
- Redgwell C., "Transboundary pollution: evolving issues of international law and policy" (2015), Edward Elgar Publishing
- Yankov A., "International Law and Sustainable Development: Past Achievements and Future Challenges" (1999), Oxford University Press
- A. Barcena, "An Overview of the Oceans in Agenda 21 of the 1992 United Nations Conference on Environment and Development", Marine Pollution Bulletin, 25 (1992)
- A. D. Tarlock, "Ideas without institutions : The paradox of sustainable development", Indiana Journal of Global Legal Studies, 9 (2001)
- A. T. Guzman, "International soft law", Journal of Legal Analysis, 2 (2010)
- B. Choudhury, "Balancing soft and hard law for business and human rights", International & Comparative Law Quarterly, 67(4) (2018)
- D. VanderZwaag, "The protection of the marine environment from land-based pollution and activities: gauging the tides of global and regional governance", The International Journal of Marine and Coastal Law, 23 (2008)
- D. L. Shelton, "Max Planck Encyclopedia of Public International Law" (1992)
- E. Scotford, "Legislation and the stress of environmental problems", Current Legal Problems, 74 (2021)
- J. F. Grassle, "Marine biodiversity and ecosystem function", Biology International Special (1991)
- J. Gold, "Strengthening the soft international law of exchange arrangements", American Journal of International Law, 77 (1983)
- J. Karau, "The control of land-based sources of marine pollution: Recent international initiatives and prospects", Marine Pollution Bulletin, 25(1-4) (1992)
- M. Barelli, "The role of soft law in the international legal system : the case of the United Nations Declaration on the Rights of Indigenous Peoples", International & Comparative Law Quarterly, 58 (2009)
- P. M. Dupuy, "Soft law and the international law of the environment", Michigan Journal of International Law, 12 (1990)
- P. R Pawar, "Plastic marine debris : Sources, distribution and impacts on coastal and ocean biodiversity", PENCIL Publication of Biological Sciences, 3(1) (2016)
- S. Tromans, "High talk and low cunning: putting environmental principles into legal practice", Journal of Planning and Environment Law (1995)
- Y. Tanaka, "Regulation of land-based marine pollution in international law : a comparative analysis between global and regional legal frameworks", Zeitschrift für ausländisches öffentliches Recht und Völkerrecht, 66 (2006)
- "South pacific region commonwealth litter programme conference to discuss marine litter research, monitoring and solutions to reduce plastic pollution" (2019)[URL]
- "Who We Are"[URL]
- "Multilateral Fund for the Implementation of the Montreal Protocol"[URL]
- "A brief history of the climate change process"[URL]
- "the global plastic waste crisis" (2021)[URL]
- "Percentage of Total Population Living in Coastal Areas"[URL]
- "Governing the Global Programme of Action"[URL]
- "Historic day in the campaign to beat plastic pollution: Nations commit to develop a legally binding agreement" (2022)[URL]
- "Toolkits, Manuals and Guides: Global Programme of Action for the Protection of the Marine Environment from Land-based Activities" (2017)[URL]
- "Washington Declaration on the Protection of the Marine Environment from Land-based Activities"[URL]
- "Adaptation Fund"[URL]
- "Green Climate Fund"[URL]
- "Plastic waste causes $13 billion in annual damage to marine ecosystems, says UN agency”, UN News (23 June 2014) available at Zheng Wang, “China and UNCLOS: An Inconvenient History, As South China Sea tensions rise, Beijing rethinks its relationship with the UN Convention on the Law of the Sea" (2016)[URL]
- UNEA, "Res.1", 6 ‘Marine Plastic Debris and Microplastics’, 2014
- UNEA, "Res.5", 14, ’Draft resolution End plastic pollution: Towards an international legally binding instrument’, 2022
- Report of the Governing Council, "UNEP", ~, pp.A (1982), 37[DOI]
- UNEP, "Dec.13", 18, pp.1985, ~
- UNEP, "LBA", IG.2, pp.1995, ~
- Report of The United Nations Conference on Environment and Development, Agenda 21, "UNGA", ~, pp.A (1992), CONF151[DOI]
- UNGA, "Res.44", 228. ‘UN Conference on Environment and Development’, 1989
- UNGA, "Res.66", 288 ‘The Future We Want’, 2012
- Report of the United Nations Conference on Environment and Development, "UNGA", ~, pp.A (1992), CONF.151[DOI]
- D. Farrier, "Reconstituting decision making process and structures in light of the precautionary principle", Institute of Environmental Studies The Precautionary Principle: a New Approach to Environmental Management, Conference Papers (1993)
- GEF, "GEF 2020: Strategy for the GEF", ~ (2014)
- L. B. Sohn, "Stockholm declaration on the human environment", UNEP, ~ (1973)
- Bangladesh Rio+20: National Report on Sustainable Development, "Ministry of Environment and Forests Peoples’ Republic of Bangladesh", ~ (2012)
- Marine Debris: Understanding, Preventing and Mitigating the Significant Adverse Impacts on Marine and Coastal Biodiversity, "S. Harding", Secretariat of the Convention on Biological Diversity, ~ (2016)