Navigating the Seas of Contamination: Regulating Forever Chemicals in the Ocean

Abstract for Scopus Indexing: Per- and polyfluoroalkyl substances ( PFAS ), often referred to as “forever chemicals,” pose profound environmental and health challenges due to their extreme persistence and longevity. The objective of this article is to explore the regulation of the ocean-atmospheric interface, acknowledging the ocean’s dual role as both a sink and a source of PFAS and arguing that this interface, as a critical yet understudied area in pollution management, requires greater attention. Although PFAS have been included in the material scope of several international and regional regulatory instruments, the compartmentalized nature of existing treaties and policy frameworks may not adequately address the complex interactions between the atmosphere and the ocean. After succinctly outlining the challenges arising from PFAS and providing a brief introduction to existing treaties and policy frameworks addressing their management, this piece argues that a more forward-thinking, holistic approach to decision-making is needed. It aims to sensitize the reader to adopt a more integrated perspective on seemingly disconnected environmental substances and develops ideas on how to address the problem of shifting between different environment compartments and branches of public international law. This article concludes by offering recommendations for future policy-making across the ocean-atmospheric interface, such as exploring and incorporating the principle of intergenerational equity more centrally into regulatory discussions.