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Ocean Law Bulletins

Marine Pollution in the Pacific Ocean - The International Legal Framework - how it works and its challenges for Pacific Island Countries

Sep 16, 2018 / by James Sloan posted in Marine Conservation, Forum Fisheries Agency, Environmental Impact Assessments, fisheries law, marine pollution from shipping, Fiji Environmental law, Law of the Sea Convention, Sovereign Rights, Integrated Oceans Management Pacific, Marine Spatial Planning Pacific, Pacific Ocean Rights, Blue Economy, Raising Pacific Voices, Pacific Island Rights, Large Ocean States, Marine Pollution, UN Oceans

Pollution of the oceans and marine environment is an important issue for Pacific Island Countries (PICs) because it damages natural resources, reduces the economic value of PICs' legal rights to those resources, and negatively impacts fishing communities as well as income generating activities like tourism.

A significant challenge is that marine pollution comes from many sources and most of those sources are land based, including but not limited to, careless discard of plastics. For more information on plastic pollution in the Pacific ocean please see here

This legal bulletin examines the overall international legal framework for the protection and preservation of the marine environment set out in the the 1982 United Nations Law of the Sea Convention (LOSC) and suggests other actions that PICs, regional organisations, and CSOs may take in accordance with LOSC to address marine pollution in the Pacific ocean.

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Fiji Marine Pollution Law Series - legal consequences of littering and failing to dispose of consumer waste responsibly

Jul 10, 2018 / by James Sloan and Emily Samuela posted in Oceans Law, Fiji mangroves, Fiji fisheries, Marine Conservation, Fiji Oceans, Environmental governance, Fiji lawyers, Fiji marine pollution law, Fiji Environmental law

The largest ocean on earth is also home to the largest collection of floating rubbish/garbage which scientists have coined "The Great Pacific Garbage Patch".

The statistics about the Great Pacific Garbage Patch provide terrifying reading and are summarised by the National Geographic in a recent online article that can be found here. The article explains that the floating garbage weighs 79,000 tonnes and is predominantly plastics originating from both land based (80%) and ocean based activities (20%), includes discarded fishing gear, waste from the 2011 Japanese Tsunami and perhaps most worryingly contains an estimated 1.8 trillion pieces of plastic of which microplastics comprise 94%.

One of the solutions to this horrendous human made problem is for each country to regulate and control littering and the failure to responsibly dispose of household and consumer waste. In this 3rd legal bulletin in this Fiji Marine Pollution Law Series, we consider Fiji's legal framework to regulate and control littering.

While outside the scope of this legal bulletin we acknowledge that:

  • other regulatory and innovative solutions must be found globally to reduce or eliminate the use of plastics and find other more environmentally friendly consumer packaging
  • Pacific Islands are not the main cause of this global issue
  • Responsible consumer choices and manufacturing choices are required
  • Fiji has started using innovative mechanisms to discourage the use of plastics like introducing a charge for single use plastic bags.
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Fiji Marine Pollution Law Series - industrial pollution

Jul 9, 2018 / by James Sloan and Emily Samuela posted in Oceans Law, Fiji mangroves, Environmental Management Act 2005, Marine Conservation, Fiji Oceans, The Environment Management Act, Fiji's Constitution, Environmental governance, Fiji law, Nearshore Fiji fisheries, Fiji lawyers, Fiji marine pollution law, Fiji Environmental law

The major threats to our oceans are well understood, and include pollution from land based sources.

For a full list of the major threats to our oceans the World Wildlife Fund (WWF) sets them out here and also explains that:

Untreated sewage, garbage, fertilizers, pesticides, industrial chemicals, plastics ... most of the pollutants on land eventually make their way into the ocean, either deliberately dumped there or entering from water run-off and the atmosphere. Not surprisingly, this pollution is harming the entire marine food chain - all the way up to humans.

In this second legal bulletin in the Fiji Marine Pollution Law Series, we consider Fiji’s legal and regulatory framework in relation to marine pollution from land based industrial or commercial activities. For those interested in this area, it should be noted that Mr Filimone Tuivanualevu who is admitted as a barrister and solicitor of the High Court of Fiji, has also published a legal bulletin entitled "How does the law protect rivers in Fiji from pollution?" which can be found here.

In further planned legal bulletins in this series we will consider Fiji's laws in relation to marine pollution from household waste and the potential civil liability that polluters who cause harm may incur based on common law negligence.

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