INTERNATIONAL LEGAL FRAMEWORKS FOR REGULATING LAND-BASED MARINE POLLUTION: A COMPARATIVE STUDY OF GLOBAL AND REGIONAL APPROACHES, DISPUTES AND SETTLEMENT MECHANISMS

Background: Land-based sources are the primary contributors to ocean pollution, posing significant risks to marine ecosystems and human health, as exemplified by Minamata disease caused by mercury contamination. A thriving marine environment is essential for the prosperity of coastal cities. However, despite existing international legal frameworks, stronger regulations remain necessary to effectively control land-based marine pollution. Governments often hesitate to impose strict limits on land-based industries, making legal strategies that constrain state actions crucial for environmental protection. Regional agreements have emerged as potential solutions, offering regulatory approaches tailored to specific economic, social, and political contexts. Methods: This study employs a doctrinal legal research approach to analyse the challenges in implementing global and regional legislative frameworks for land-based marine pollution. A comprehensive literature review of academic works, international legal texts, and landmark judicial cases provides insight into regulatory gaps and potential improvements. Additionally, secondary sources, including reports from civil society organisations, help contextualise the practical implications of these legal frameworks. The study also examines disputes related to land-based marine pollution and the effectiveness of dispute resolution mechanisms at both regional and global levels. Results and Conclusions: The findings emphasise the need to protect marine environments from land-based pollution while balancing economic growth. Regional agreements offer valuable insights into legal strategies and institutional mechanisms that could help achieve this equilibrium. However, weaknesses in how these conventions enhance international law’s ability to manage land-based pollution require further analysis. A sustainable legislative framework must reconcile environmental protection with economic, social, and political priorities. Strengthening dispute settlement mechanisms and fostering international cooperation are essential for addressing these challenges. The study underscores the persistent tension between economic growth and environmental preservation in international law and highlights the need for more effective, enforceable legal frameworks to ensure the long-term sustainability of marine ecosystems.

Publication Details

Journal
Access to Justice in Eastern Europe
Published
2025-05-14
DOI
https://doi.org/10.33327/ajee-18-8.2-r000111
Primary Topic
International Maritime Law Issues
Type
article
Field-Weighted Citation Impact
0.00

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article

INTERNATIONAL LEGAL FRAMEWORKS FOR REGULATING LAND-BASED MARINE POLLUTION: A COMPARATIVE STUDY OF GLOBAL AND REGIONAL APPROACHES, DISPUTES AND SETTLEMENT MECHANISMS

Access to Justice in Eastern Europe
International Maritime Law Issues
article

INTERNATIONAL LEGAL FRAMEWORKS FOR REGULATING LAND-BASED MARINE POLLUTION: A COMPARATIVE STUDY OF GLOBAL AND REGIONAL APPROACHES, DISPUTES AND SETTLEMENT MECHANISMS

article en

Abstract

Background: Land-based sources are the primary contributors to ocean pollution, posing significant risks to marine ecosystems and human health, as exemplified by Minamata disease caused by mercury contamination. A thriving marine environment is essential for the prosperity of coastal cities. However, despite existing international legal frameworks, stronger regulations remain necessary to effectively control land-based marine pollution. Governments often hesitate to impose strict limits on land-based industries, making legal strategies that constrain state actions crucial for environmental protection. Regional agreements have emerged as potential solutions, offering regulatory approaches tailored to specific economic, social, and political contexts. Methods: This study employs a doctrinal legal research approach to analyse the challenges in implementing global and regional legislative frameworks for land-based marine pollution. A comprehensive literature review of academic works, international legal texts, and landmark judicial cases provides insight into regulatory gaps and potential improvements. Additionally, secondary sources, including reports from civil society organisations, help contextualise the practical implications of these legal frameworks. The study also examines disputes related to land-based marine pollution and the effectiveness of dispute resolution mechanisms at both regional and global levels. Results and Conclusions: The findings emphasise the need to protect marine environments from land-based pollution while balancing economic growth. Regional agreements offer valuable insights into legal strategies and institutional mechanisms that could help achieve this equilibrium. However, weaknesses in how these conventions enhance international law’s ability to manage land-based pollution require further analysis. A sustainable legislative framework must reconcile environmental protection with economic, social, and political priorities. Strengthening dispute settlement mechanisms and fostering international cooperation are essential for addressing these challenges. The study underscores the persistent tension between economic growth and environmental preservation in international law and highlights the need for more effective, enforceable legal frameworks to ensure the long-term sustainability of marine ecosystems.

Access to Justice in Eastern EuropeVol. 8(2)
United Arab Emirates University
Openalex Percentile: Top 85%
International Maritime Law Issues
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