Confronting the Global Plastics Problem Threatening the Marine Environment – A Framework and Elements of an International Legal Response

Abstract

At present, international law does not contain any one instrument that would have been designed to target the global plastics problem as a whole. Existing efforts remain fragmented and fail to establish a coherent legal regime, yet a globally recognized need to construct a coordinated and comprehensive international legal response exists. The problem and related regulatory challenges are tremendously complex and multifaceted. The aim of this dissertation is to understand the science and root causes behind the problem and the role of international law and States in contributing to solutions. Unlike earlier legal research, this study approaches the global plastics problem threatening the marine environment as a continuum of three sub-problems comprising extensive plastics wastes generation, plastics leakage to the oceans, and accumulating marine plastics pollution (MPP). It argues that each sub-problem has their distinctive features that require their own set of legal measures. This approach unfolds a problem-based doctrinal and interdisciplinary assessment of international law. While respecting the intricacies of the problem, the study offers a three-fold framework to examine the global plastics problem and elements of international law. An international legal response to the global plastics problem arises from a mix of diverse measures coming together.