Enhancing the Regulatory Framework for Incineration at Sea in Peru: Implementing the 1996 London Protocol for Effective Maritime Environmental Governance

Incineration at sea is a significant source of marine pollution, threatening biodiversity and public health. Although Peru ratified the 1996 London Protocol in 2018, key deficiencies persist in its domestic legal framework, particularly the absence of clear and internationally aligned definitions for “incineration” and “incinerator.” These gaps hinder effective enforcement by the National Maritime Authority (NMA-DICAPI) and limit regulatory compliance with international obligations. This study analyzes Peru’s current legislation in light of the London Protocol and includes a comparative overview of regional regulatory approaches in Latin America. Based on this analysis, the study identifies regulatory inconsistencies that compromise environmental protection and proposes three key legal reforms: (1) refining the definition of “incineration” to reflect international standards; (2) formally incorporating a definition for “incinerator”; and (3) establishing specific administrative and economic sanctions for related infractions. Through comparative analysis with Mexico and Colombia’s approaches, we propose targeted amendments including refined definitions aligned with IMO standards and explicit administrative/economic sanctions. Implementing these recommendations would enhance Peru’s legal clarity, enforcement capacity, and compliance with international maritime law, reinforcing its role as a responsible actor in marine environmental governance.