The problem of marine plastic pollution is not recent and several efforts on local, national, regional, as well as international levels have been undertaken. There have been legally binding regulations, as well as voluntary commitments by various stakeholders. When considering an international legally binding mechanism to manage marine plastic pollution, it is necessary to give an overview of already existing treaties which deal with similar issues. In some cases, a modification of a treaty might be easier than negotiating a new one, which would overlay regional efforts (David Suzuki Foundation, 2018, p. 3). The United Nations Environment Assembly (UN Environment, 2017, p. 17) describes the current framework to tackle marine plastic litter and microplastics as “fragmented and uncoordinated” and therefore suggests to either put effort into revising and strengthening it, or into developing a new framework.
Legally binding measures
Since the 1960s, international agreements in ocean governance have ensured the establishment of legal zones and jurisdiction over various activities, including fishing, trade, as well as dumping of wastes (Joyner, 2004, p. 94). Examples of international conventions to control the discharge of wastes from sea-based sources include the “Convention on the Prevention of Marine Pollution by Dumping of Wastes and other Matter (The London Convention of 1972)” and the “International Convention for the Prevention of Pollution from Ships 1973 (MARPOL)” (Raubenheimer, 2016, p. 76; Simon & Schulte, 2017, p. 24), for which
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administration international organisations, such as the International Maritime Organisation, have mainly been responsible (Haward, 2018, p. 2). The London Convention constituted the first international agreement on wastes and marine protection and was amended by the London Protocol, addressing marine pollution from dumping (Simon & Schulte, 2017, p. 24). MARPOL sets out rules for waste handling by ships and prohibits the discharge of plastics and several other waste types (GIZ, 2018, p. 30). Further, the 1982 UN Law of the Sea Convention (UNCLOS) and the 1995 UN Fish Stocks Agreement are additional global legally binding agreements relevant to marine environment protection (Raubenheimer, 2016, p. 11). UNCLOS identifies that states shall undertake action “to prevent, reduce and control pollution of the marine environment from any source” (UN General Assembly, 1982, Art.194 [1]).
Article 207 [1] specifies that “states shall adopt laws and regulations to prevent, reduce and control pollution of the marine environment from land-based sources (…)”(UN General Assembly, 1982). Haward (2018, p. 2) suggests taking UNCLOS as an example for a new treaty to prevent marine plastic pollution. However, the framing is rather broad and does not specify any particular measures (Simon & Schulte, 2017, p. 25). Apart from ocean governance, also agreements of pollution control on land need to be considered. The Basel Convention (1989) seeks to reduce the generation and transboundary movement of hazardous and other wastes and to promote source-near disposal (Raubenheimer, 2016, p. 77). The Stockholm Convention, addressing role persistent organic pollutants, was a milestone in international law (Hagen & Walls, 2005, p. 49). The Stockholm Convention and the Basel Convention are existing multilateral environmental agreements that could host the idea of plastics control (David Suzuki Foundation, 2018, p. 3). The Basel Convention includes a legal instrument on transnational plastics trade which can be strengthened to lead to less plastic production and less waste (David Suzuki Foundation, 2018, p. 3).
Regional legally binding efforts also play a significant role, such as the Regional Seas Conventions (David Suzuki Foundation, 2018, p. 3; GIZ, 2018, p. 30). The Abidjan Convention for West Africa and the Nairobi Convention for East Africa are moving into the direction of what gets close to a Marine Litter Protocol (David Suzuki Foundation, 2018, p. 3). In Europe, the Barcelona Convention for the Protection of the Mediterranean is a prominent example, including a Protocol for the Protection of the Mediterranean Sea against Pollution from Land-Based Sources and Activities (GIZ, 2018, p. 12; 30). Other relevant regional instruments are the EU Port Reception Facility (PRF) Directive, obliging ports to develop and implement Waste Handling Plans, the EU Marine Strategy Framework Directive, requiring member states to define targets and a marine strategy, as well as EU initiatives on land-based waste management, such as the
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Packaging and Packaging Waste Directive (Chen, 2015, pp. 404-405). More recently, the EU has announced a ban on single-use cutlery, cotton buds, straws and stirrers from 2021, as well as a reduction of other plastic items which are not included in the ban by at least 25% by 2025 in each member state (European Commission, 2018, para. 1-2).
Furthermore, developing countries provide good examples when it comes to introducing policy, such as in the case of Indonesia, where the realisation of the extent of the pollution led to effective policies to clean up waterways (UTas, 2018, p. 1). Stringent regulations have been adopted in developing countries regarding the consumption of e.g. plastic bags where it was a visible and pressing problem (Knoblauch, Mederake, & Stein, 2018, p. 3).
Bans on single-use items have also been undertaken on the local level. One example provides the City of Vancouver, Canada, where the ‘Single-Use Item Reduction Strategy’ has recently been introduced. It sets timelines for action, prohibits business license holders the provision of certain single-use items to customers, such as foam cups, containers, or plastic straws, as well as encourages local recycling and extended producer responsibility (EPR)9 schemes that make producers responsible for appropriate collection and treatment (City of Vancouver, 2018).
Voluntary measures
Besides legally binding agreements, there are also a number of voluntary efforts on local, regional, national and international levels to manage marine plastic pollution. On a global level, the Sustainable Development Goals (SDGs) include targets concerning the treatment of wastewater (SGD 6), waste management in sustainable cities (SDG 11), sustainable production and consumption (SDG 12), and conservation of the oceans, seas and marine resources (SDG 14) (Löhr et al., 2017, p. 91). Various further global instruments to tackle the problem have been introduced, such as guidelines on ‘Surveying and Monitoring of Marine Litter’ and on the ‘Use of Market-Based and Economic Instruments’, a report on Abandoned, Lost or Otherwise Discarded Fishing Gear by UNEP and the Food and Agriculture Organisation (FAO), as well as the Honolulu Strategy and the Global Partnership of Marine Litter (GPML) (Chen, 2015, pp. 403- 404). The Honolulu Strategy aims at reducing the amount and impact of land-, and sea-based litter and solid waste, as well as of accumulated marine debris on shorelines (Löhr et al., 2017, p. 91). The GPML brings together different stakeholders from government, academia, private sector and civil society to find solutions to address the problem (Löhr et al., 2017, p. 91). The
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FAO ‘Code of Conduct for Responsible Fisheries’ encourages that “pollution, waste, discards, catch by lost or abandoned gear, (…) are minimized” (FAO, 1995, Art. 7 [2.2]). Under the Canadian presidency in 2018, the G7 established a Plastics Charter, which emphasises the need for action and outlines the next steps in collaboration with industry (G7, 2018, pp. 2-4). The representative of Greenpeace Canada (2018, p. 24) however, criticises that solutions focus on end-of-pipe solutions, rather than on efforts to reduce the production and use of plastics.
The ‘Regional Action Plan for Prevention and Management of Marine Litter in the North- East Atlantic’ outlines goals and next steps of marine litter governance in the region and is in regular contact to the public and private sectors, academics and non-governmental organisations (OSPAR Commission, p. 1). The ‘Regional Plan for the Marine Litter Management in the Mediterranean’ encourages states to include marine litter prevention into their national action plans10, stresses the importance of improved solid waste management, extended producer responsibility (EPR) schemes, as well as economic instruments for reducing plastic consumption and implementing deposit-refund systems (GIZ, 2018, p. 30).
Non-state actors on the local and global level engage in education through exhibitions, recommendations for the daily-life, online platforms (Ocean Wise, 2018, p. 31), as well as movies (Plastic Oceans Foundation, 2018, pp. 34-35) and workshops in schools (Sea Smart, 2018, p. 42; Zero Waste Canada, 2018, p. 53). Beach cleanups inform about which items are mainly found on beaches (Ocean Wise, 2018, p. 31) and have the power to mobilise people, hold politicians accountable and push for solutions (David Suzuki Foundation, 2018, p. 17). NGOs can support EPR schemes by running the residential recycling, undertaking recycling trainings in companies and schools, and introducing facility certification programs (Zero Waste Canada, 2018, pp. 53- 54), as well as supporting recyclable packaging design and recycling solutions (Recycle BC, 2018, pp. 39-40). NGOs can also serve as bridges to bring science and industry together and inform solutions (Ocean Wise, 2018, pp. 30-32).
Increasingly, industries and corporations have made statements about getting active on the issue. At the G7 Ministers Meeting, besides NGOs, also representatives from industry attended. Big corporations, such as BASF, signed the charter, acknowledging the global problem and committing to further action on marine plastic pollution (BASF, 2018, p. 15). As a reaction to Greenpeace Canada’s campaign of brand auditing, including collecting marine plastic pollution items and connecting them to the producer, they have indicated to introduce
10 Under the Barcelona Convention for the Protection of the Marine Environment and the Coastal Region of the Mediterranean (1995)
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changes and provide funding. Still, focus lies on recycling initiatives, improvement of waste infrastructure and funding for beach cleanups, whereas reduction efforts are lacking (Greenpeace Canada, 2018, p. 23). However, industries are already funding research to change their products. The science-based NGO Ocean Wise (Ocean Wise, 2018, p. 30) conducts research for a number of industries on how different textiles change over time when exposed to different elements, e.g. the sun, to identify ways to change design and textiles of their products to prevent pollution. The same NGO is also working on solutions for packagers. The representative highlights that “these companies are looking to see how they can contribute and turn to experts to find solutions”. Efforts on different levels by several stakeholders have been implemented and general willingness to tackle the problem of plastic pollution is prevalent throughout the sectors. Hence, the question arises why an adequate solution has so far not emerged.