Havet, plasten och ansvaret

Detta är en Uppsats för yrkesexamina på avancerad nivå från Lunds universitet/Juridiska fakulteten; Lunds universitet/Juridiska institutionen

Sammanfattning: This thesis concludes that the common but differentiated responsibility principle is applied with the best results of the global responsibility to clean up the high sea from plastic pollution. The principle confirms that there is a historical responsibility for the plastic pollution that exists still today but has been in the ocean for decades. It is the developed states that hold a historical responsibility, and they should be assigned the task to start the clean-up. The paper includes a chapter about plastic in the marine environment and the damages it causes to it. The essay also review UNEA:s new resolution 5/14 End plastic pollution: towards an international legally binding instrument that discusses a new legal binding instrument to regulate plastic in our environment, and specifically the oceans. In the paper three conventions, United Nations Convention on the Law of the Sea, Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter and The International Convention for the Prevention of Pollution from Ships, and four principles of international environmental law, no-harm, prevention principle, polluter-pays principle and common but differentiated responsibilities, to try to find an answer to how international law can use the already recognized legal sources on the plastic pollution in the high seas where there is no claim of sovereignty and how a sectioning of responsibility can be done so fairly between the states of the world.

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