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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,
 6
 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



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