Ocean Dumping and Fertilization in the Antarctic: Tangled Legal Currents, Sea of Challenges

VanderZwaag, David

doi:10.5479/si.9781935623069.245

Cited by 4 publications

(2 citation statements)

References 7 publications

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“…The positive listing approach of the LP allows only the wastes listed in the instrument to be dumped, subject, of course, to obtaining a 2 The Convention was called for by the United Nations Conference on the Human Environment (June 1972, Stockholm), the treaty was drafted at the Intergovernmental Conference on the Convention on the Dumping of Wastes at Sea (November 13, 1972) and it was opened for signature on December 29, 1972. It entered into force on August 30, 1975 when 15 nations ratified.…”

Section: Main Differencesmentioning

confidence: 99%

“…Of the 13 states, two joined the LC and the LP simultaneously; one in 2006 and the other in 2008. Given the small membership of the LP, some scholars doubt whether it represents a new global standard replacing the LC [1], whereas others simply note that the LC and the LP are the two separate agreements dealing with ocean dumping issues in addition to the 1982 UN Law of the Sea Convention (UNCLOS) [2]. Often, these views seem not only to disregard the problem that the current joint meetings pose but also to add confusion to the understanding of the two similar treaties.…”

Section: Introductionmentioning

confidence: 99%

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Transitional measures to combine two global ocean dumping treaties into a single treaty

Hong

Lee

2015

Marine Policy

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Section: Main Differencesmentioning

confidence: 99%

Section: Introductionmentioning

confidence: 99%

Transitional measures to combine two global ocean dumping treaties into a single treaty

Hong

Lee

2015

Marine Policy

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Solid Waste and Marine Litter Management

Murshed

Kamal

Fagbenro

et al. 2022

Handbook of Environmental Engineering

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International Environmental Law in the Anthropocene: Towards a Purposive System of Multilateral Environmental Agreements

Kim¹,

Bosselmann²

2013

TEL

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Our point of analytical departure is that the state of the global environment is deteriorating despite the accumulating body of international environmental law. By drawing on the recent Earth system science concept of interlinked planetary boundaries, this article makes a case for a goal-oriented, purposive system of multilateral environmental agreements. The notion of ‘goal’ is used here to mean a single, legally binding, superior norm – a grundnorm – that gives all international regimes and organizations a shared purpose to which their specific objectives must contribute. A bird’s eye view of the international environmental law system reveals how the absence of a unifying goal has created a condition that is conducive to environmental problem shifting rather than problem solving. We argue that a clearly agreed goal would provide the legal system with a point of reference for legal reasoning and interpretation, thereby enhancing institutional coherence across Earth’s subsystems. To this end, this article concludes by observing that the protection of the integrity of Earth’s life-support system has emerged as a common denominator among international environmental law instruments. Accordingly, we suggest that this notion is a strong candidate for the overarching goal of international environmental law.

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Ocean Dumping and Fertilization in the Antarctic: Tangled Legal Currents, Sea of Challenges

Cited by 4 publications

References 7 publications

Transitional measures to combine two global ocean dumping treaties into a single treaty

Transitional measures to combine two global ocean dumping treaties into a single treaty

Solid Waste and Marine Litter Management

International Environmental Law in the Anthropocene: Towards a Purposive System of Multilateral Environmental Agreements

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