International Water Law’s Role in Addressing the Problem of Marine Plastic Pollution: A Vital Piece in a Complex Puzzle!

Abstract

The management and protection of water resources, and thus the practice of water law, is absolutely central to every aspect of human well-being. This is as true at the international level as at the domestic level. Water pervades every area of human activity and connects almost every form of pollution and environmental harm. This truism is clearly illustrated by the highly topical problem of marine plastic pollution (MPP) which, though it concerns the ubiquitous use and eventual accumulation in the marine environment of a broad category of environmentally persistent synthetic materials, is intrinsically linked to the environmental management of major rivers, many of which are shared international watercourses. While the general international obligation to prevent marine pollution by plastics can be derived from both international marine environmental law and international water law, evolving practice under the latter framework, and under related sub-fields of international and transnational environmental law, provides helpful clarity regarding the normative parameters of the due diligence standard of conduct expected of all States in this regard.