Page 282 - Economia Azul - versão: inglês

The arbitration of the Trail Smelter case, It is worth mentioning that marine pol- 3. Main causes of marine pollution: from plastic to Sargassum sp.
in addition to being a pioneer, having orig- lution, due to intrinsic characteristics of the
inated an international judicial decision ocean, such as the fluidity of waters and A wide range of threats such as in- of the Pacific, in the north and south of
that specifically dealt with a modality of the occurrence of sea currents that con- creased acidification, coral bleaching, the Atlantic and in the Indian Ocean. The
transboundary pollution, had its prece- tribute to the displacement of substanc- toxins and chemical pollution, nutrient North Pacific gyre, popularly known as the
dent reaffirmed in several international es and materials through marine spaces overload, and fisheries depletion, includ- Great Pacific Garbage Deposit, is the most
declarations, and its arbitration decision (ZANELLA, 2013) is largely a cross-border ing many others, are undermining the known one (HENRICH BÖLL FOUNDA-
was incorporated into the Declaration of phenomenon. Pollution that originates in ocean’s ability to sustain its ecological TION, 2020, p. 32).
the United Nations Conference on the Hu- an ocean location can, when crossing the functions. Debris or residues inserted into Debris or residues that enter the seas
man Environment (Stockholm Declaration, border by water or air, cause damage to the ocean are part of this phenomenon can be any persistent, manufactured or
1972) (HALL, Op. Cit., p. 699). the environment of another State, being (JAYASIRI, 2018, p. 136). processed solid material that is discarded,
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In turn, while the term “contamination” one of the oldest and most persistent prob- From messages in bottles to exot- released, or abandoned in the marine and
is used to describe the fact that a certain lems in the sphere of Environmental Law, ic tropical seeds that make their way to coastal environment. These materials are
chemical compound is present in a certain (HALL, 2007, p. 681) regardless of whether shores, the scattering of floating debris composed primarily of plastics and may in-
habitat and/or in the organisms that live in it, it is a point source of pollution or a diffuse in the sea has long fascinated people clude cigarette butts or filters, disposable
in a concentration higher than the normal or source of pollution. 7 (RYAN, 2015, p.2). The origin of marine baby diapers, beverage bottles and cans,
the background value (and this due to unnat- Given the complexity and magnitude pollution, where the solid waste that en- tires, disposable syringes, plastic bags,
ural causes), the definition of “pollution” can of this phenomenon, UNCLOS establishes ters the oceans comes from, is a topic bottle caps, and fishing lines and tackle
be understood as any form of contamina- specific principles and rules on marine pol- addressed since the first records of this (JAYASIRI, Op. Cit., p.137-138).
tion, in an ecosystem, with a harmful impact lution, so that States have a general obli- type of pollution. Most human activities, It should also be noted that after the
on the organisms that inhabit it, altering the gation of due diligence, under article 194 whether on land or in the seas, produce outbreak of the Covid-19 pandemic, so-
growth rate and reproduction of plant or an- of the Convention, to ensure that activities some kind of waste and, to some extent, cial distancing and the use of face masks
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imal species, or interfering with human ame- under their jurisdiction and control are con- part of it ends up reaching this ecosys- became socially encouraged care, which
nities, comfort, health or property values. In a ducted in such a way as not to cause pollu- tem. Terrestrial activities are indicated as proved to be essential in an attempt to
broader sense, the terms contamination and tion damage to other States and their envi- those mainly responsible for the intro- overcome such an adverse scenario. How-
pollution also include any physical modifica- ronment. UNCLOS also contains provisions duction of solid residues in the ocean, ever, the adverse effect that such mea-
tion that alters the flow of energy or radia- that establish direct obligations on States because it is speculated that 80% of the sures have had on the environment since
tion in an environment (such as a heat source to prevent, reduce and control pollution of residues detected in the marine environ- then is undeniable. Plastic pollution, es-
or sink, or a radioactive element), or even the the marine environment by specific activi- ment come from terrestrial sources (TUR- pecially in marine ecosystems, has been
presence of an invasive species. (POTTERS, ties subject to their jurisdiction and control RA, Op. Cit., p.9). exacerbated by the sanitary measures ad-
Op. Cit., p.16). (BECKMAN, 2014, p. 24-25). Terrestrial sources of pollution of the opted as well as by the lack of adequate
seas are related to the whole range of disposal of plastic waste. It is undeniable
daily activities carried out on land, which that plastics have revolutionized society
includes the waste generated in residen- and have been essential as a material
tial homes, businesses, buildings, hospi- used in various ways and at an afford-
tals, and industries. About 10 million tons able price, with the health crisis triggered
of plastic waste enter the ocean annually by Covid-19 increasing its consumption
from land sources. The plastics that en- worldwide, especially disposables after a
ter the sea are concentrated in five ma- single use. It happens that plastic waste
jor ocean gyres: in the north and south is not inert in the environment, on the

280 BLUE ECONOMY Marine pollution as everyone’s responsibility 281