Obligations to Protect and Preserve Marine Environment from Land-Based Sources of Pollution: A Case of the Indian Ocean in Tanzania

Abstract The 1982 United Nations Convention on the Law of the Sea ( UNCLOS ) regulates marine pollution from land-based sources worldwide. It provides a comprehensive framework for the development of regional conventions and national laws addressing marine pollution from land-based sources. UNCLOS is closely tied to human rights treaties, since the environment and human rights are interconnected. This study examines Tanzania’s legal system and its adherence to international and regional commitments to protect the maritime environment. Based on a review of relevant documents, the study finds that Tanzania’s regulatory framework largely aligns with international and regional conventions on marine pollution from land-based sources. However, the study concludes that environmental pollution caused by land-based sources remains a significant concern in the Indian Ocean in Tanzania. This may be attributed to factors such as unplanned settlements, limited institutional capacity for waste management, inadequate fines for environmental offenses, insufficient enforcement of environmental regulations, and restricted locus standi. By addressing these shortcomings, Tanzania can better fulfill its obligations under international agreements to improve environmental protection and promote sustainable development.

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Publication Details

Journal
African Journal of Legal Studies
Published
2024-11-20
DOI
https://doi.org/10.1163/17087384-bja10100
Primary Topic
International Maritime Law Issues
Type
article
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article

Obligations to Protect and Preserve Marine Environment from Land-Based Sources of Pollution: A Case of the Indian Ocean in Tanzania

Martin Patrice Massawe
1 links
African Journal of Legal Studies
International Maritime Law Issues
article

Obligations to Protect and Preserve Marine Environment from Land-Based Sources of Pollution: A Case of the Indian Ocean in Tanzania

Martin Patrice Massawe
article en

Abstract

Abstract The 1982 United Nations Convention on the Law of the Sea ( UNCLOS ) regulates marine pollution from land-based sources worldwide. It provides a comprehensive framework for the development of regional conventions and national laws addressing marine pollution from land-based sources. UNCLOS is closely tied to human rights treaties, since the environment and human rights are interconnected. This study examines Tanzania’s legal system and its adherence to international and regional commitments to protect the maritime environment. Based on a review of relevant documents, the study finds that Tanzania’s regulatory framework largely aligns with international and regional conventions on marine pollution from land-based sources. However, the study concludes that environmental pollution caused by land-based sources remains a significant concern in the Indian Ocean in Tanzania. This may be attributed to factors such as unplanned settlements, limited institutional capacity for waste management, inadequate fines for environmental offenses, insufficient enforcement of environmental regulations, and restricted locus standi. By addressing these shortcomings, Tanzania can better fulfill its obligations under international agreements to improve environmental protection and promote sustainable development.

African Journal of Legal StudiesVol. 16(4)
Mzumbe University (TZ), University of Groningen (NL)
Openalex Percentile: Top 69%
International Maritime Law Issues
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