Page 302 - Economia Azul - versão: inglês

Notes international court, and the possibility of mak- “waste” is a consumer behavior problem that
ing an analogy with cases of transboundary wa- can only be solved with recycling, preventing
ter pollution was raised. See: UNITED NATIONS. an awareness of risks of the continued pro-
1 Cross-border damages can be considered strategies). In: UNEP, 2011; GAMARALAL- Trail smelter case (United States, Canada). Re- duction of these materials is implemented
as damages that disrespect the legal-political AGE, P.J.D.; ONOGAWA, 2019. ports of International Arbitration Awards. 16 and disseminated. In: HEINRICH BÖLL FOUN-
boundaries between States. Transboundary 3 Regarding the definition of pollution pro- April 1938 and 11 March 1941. p.1963. DATION. Op. cit., p. 34-35.
pollution is defined as pollution that origi- vided in the UNCLOS, the International Court 6 ORGANISATION FOR ECONOMIC CO-OP- 10 After 48 hours on land, the algae begin to
nates in one locality but, when crossing the of the Law of the Sea, in the Separate Opinion ERATION AND DEVELOPMENT. Glossary of decompose and release toxic gases such as
border by water or air routes, can cause dam- of Judge Wolfrum regarding the Mox Plant Statistical Terms – Transboundary Pollution, hydrogen sulfide and ammonia, which affect
age to the environment in another country. case, emphasizes that the notion of pollution 2001. Studies in Methods, Series F, No. 67, the respiratory, cardiovascular, and neurolog-
See (SOARES, 2001, p. 211), ORGANISATION is defined in article ‚, paragraph 1(4), of the United Nations, New York, 1997. Available ical systems.
FOR ECONOMIC CO-OPERATION AND DE- Convention. Such a definition contains two at: https://stats.oecd.org/glossary/detail.as- 11 In 2018, the Mexican Caribbean coast re-
VELOPMENT., 2001) and (Studies in Meth- elements, namely, the introduction of sub- p?ID=2754. ceived a massive influx of pelagic Sargassum
ods, 1997). stances or energy - and radioactivity in the 7 Point source pollution can be traced back sp. that accumulated and decomposed on
2 The option for “mitigation” or “mitigate” form of dust or otherwise qualified as such - to a single identifiable point where the pol- the beaches producing organic decomposi-
stems from the observation, after analyzing and that such an introduction would likely re- lutant originated – for example, a company‘s tion products that turned the water cloudy
the data collected in this and other research- sult in deleterious effects such as damage to sewage pipe or the Deep Horizon oil drilling and brown. In: RODRÍGUEZ-MARTÍNEZ, R. E;
es, that when it comes to marine pollution in living resources and marine life, among oth- rig leak. Diffuse source pollution cannot be et. al. Op. cit., p. 201.
international documents, such as reports and ers. (author translation). See: INTERNATION- attributed to a specific place or time and has 12 The cost imposed on ecosystem services
strategies, often when talking about public AL TRIBUNAL FOR THE LAW OF THE SEA. The a very diffuse source. Examples include agri- over the lifetime of plastics produced in 2019
policies and other measures to address the MOX Plant Case (Ireland v. United Kingdom), cultural runoff or urban stormwater runoff. alone has been estimated at approximate-
problem, the “mitigate” action is used as the Provisional Measures. Separate opinion of In: POTTERS, Geert. Op. cit., p. 17. ly $3.1 trillion. In: WORLDWIDE FUND FOR
most appropriate, especially in short-term Judge Wolffrum. 8 It is important to mention that the UNCLOS NATURE. Plastics: the cost to society, the en-
strategies. In this sense, the Honolulu Strate- 4 In the original: “‘Article 1. Use of terms interacts with several other treaties, which vironment, and the economy. Published in
gy predicts that “marine debris has numerous and scope. 1. For the purposes of this Con- indicates its unique character as a “living” Sept.2021 by WWF, p.39. See: https://www.
economic implications, which should be con- vention: (…) (4) pollution of the marine en- instrument. Although it is considered the wwf.no/assets/attachments/Plastics-the-cost-
sidered when developing strategies and poli- vironment‘ means the introduction by man, “Constitution of the Oceans”, its interpre- to-society-the-environment-and-the-econo-
cies to mitigate the problem” (in the original: directly or indirectly, of substances or ener- tation and application are considered flex- my-WWF-report.pdf.
marine debris has numerous economic impli- gy into the marine environment, including ible and responsive to emerging problems. 13 These general principles governing trans-
cations, which should be considered when estuaries, which results or is likely to result In this sense, specifically regarding art. 194, boundary pollution, specifically in the marine
developing strategies and policies to miti- in such deleterious effects as harm to living the discussions involving its application will environment, are the same as those govern-
gate the issue) and the 2019 UNEP report, resources and marine life, hazards to human be presented at an opportune moment in ing transboundary air pollution, transbound-
Strategies to Reduce Marine Plastic Pollution health, hindrance to marine activities, includ- this work. In: KOJIMA, Chie. South China ary pollution of shared freshwater resources
from Land-based Sources in Low and Middle ing fishing and other legitimate uses of the Sea Arbitration and the Protection of the and other forms of transboundary pollution.
- Income Countries, which reveals that the sea, impairment of quality for use of sea water Marine Environment: Evolution of UNCLOS 14 In the Stockholm Declaration of 1972,
“immediate measures taken to mitigate the and reduction of amenities; (…).” In: UNITED Part XII Through Interpretation and the Duty Principle 21: “(...) States have the sovereign
leakage of waste from plastic in the oceans, NATIONS. United Nations Convention on the to Cooper-ate. Asian Yearbook of Interna- right to exploit their own resources in appli-
stopping waste, improving plastic waste col- Law of the Sea, 1982. tional Law, Volume 21, 2015, DOI: https:// cation of their own environmental policy and
lection and its environmentally sound dispos- 5 The conflict involved the governments of doi.org/10.1163/9789004344556_010. the obligation to ensure that activities that
al are prioritized as short-term strategies” the United States of America and Canada Available at: https://brill.com/view/book/ lead to cable, within its jurisdiction, or under
(in the original: taking immediate actions to and originated due to damage caused to the edcoll/9789004344556/B9789004344556_ its control, do not harm the environment of
mitigate plastic waste leakages into oceans state of Washington, arising from the emis- 010.xml. other States or of areas situated outside any
by stopping littering, improving plastic waste sion of sulfur dioxide by a Canadian company. 9 Many companies and sectors of the plas- national jurisdiction”. In the 1992 Rio Dec-
collection and their disposal in environmental Until that moment, no case of transbound- tics industry adopt a dual strategy of lobbying laration, Principle 2: “States (…) have the
sound manner are prioritized as short-term ary air pollution had been dealt with by any and high-profile advertising, claiming that sovereign right to exploit their own resources

300 BLUE ECONOMY Marine pollution as everyone’s responsibility 301