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Sailing through Indonesia Polluted Waters: How to Navigate Marine Debris ?
by Setyawati Fitrianggraeni, Orima Melati Davey
Marine debris’ negative impacts have persisted through the years. Generally, marine debris is a dense element that is intentionally or unintentionally, directly or indirectly, discharged into the marine environment or wide waters.[1] Marine debris exists in various forms, amongst them are plastics and microplastics, derelict fishing gear, and abandoned vessels. Among these, plastic is recognized as the most environmentally damaging. Over the past decade, plastic waste has broken down into tiny fragments known as microplastics. Studies show that microplastics have now contaminated nearly all water surfaces across the globe.[2] Marine debris impacts environmental sustainability, human health, and state economies. It causes fatal entanglement, ingestion, and suffocation in marine life, disrupting ecosystem balance. Microplastics, ingested through food, pose health risks to humans, while debris washed ashore is unsightly, contributing to a decline in tourism.
A key characteristic of marine debris is its borderless nature; it drifts across maritime boundaries defined by the United Nations Convention on the Law of the Sea (UNCLOS) 1982. Article 194 of UNCLOS mandates that states, individually or cooperatively, take all necessary measures to prevent, reduce, and control marine pollution from any source, using the best practical methods within their capabilities. States are also encouraged to align their policies to address this shared challenge.[3] Additionally, Article 207, Paragraph 4 of UNCLOS 1982 directs states to work, particularly through international organizations or diplomatic conferences, toward creating global and regional standards to prevent, reduce, and control marine pollution from land-based sources. These efforts should consider regional characteristics, the economic capabilities of developing nations, and their development needs. These standards and practices must also be periodically reviewed and updated as necessary.[4] Thus, member states have a duty to address marine debris. UNCLOS 1982 serves as the primary framework for managing marine debris, as it remains the sole international instrument governing oceanic regulations. However, despite the severe impacts of marine debris on the seas, its sources are primarily land-based, stemming from human activities that harm the environment. Therefore, efforts to combat marine debris require a balanced approach addressing both land and sea. This issue continues to be actively discussed in international forums, highlighting the need for coordinated action.
These articles make it clear that member states have a duty to address marine debris. UNCLOS 1982 serves as the primary framework for managing marine debris, as it remains the sole international instrument governing oceanic regulations. However, despite the severe impacts of marine debris on the seas, its sources are primarily land-based, stemming from human activities that harm the environment. Therefore, efforts to combat marine debris require a balanced approach addressing both land and sea. This issue continues to be actively discussed in international forums, highlighting the need for coordinated action.[5] Compliance often refers to the implementation of a treaty by individual states, sometimes being equated with the range of measures adopted in domestic law to bring a particular treaty to life.[6] In this research, compliance will be analyzed through its characteristics, theories, and motivations. While illustrating state responsibilities is essential, effective marine debris management also demands action on land. Since marine debris results from human activities, addressing it requires societal engagement at the individual level. Therefore, comprehensive management of marine debris hinges on the extent to which states adhere to UNCLOS 1982. The question is, how far is Indonesia’s potential in promoting UNCLOS 1982 in addressing marine debris as an anthropogenic issue? Join our Ocean Maritime and Climate Talk on Wednesday, 14 November 2024.
References :
[1] Samantha Julia Blandina Lumban Tobing, I Gede Hendrawan, and Elok Faiqoh, “Characteristics of Microplastics in Consumed Marine Fish Landed in Bal,” Journal of Marine Research and Technology 3, no. 2 (2020): 102–7, pgs. 104-105, https://doi.org/10.24843/JMRT.2020.V03.I02.P07.
[2] Arianna Olivelli, Britta Denise Hardesty, and Chris Wilcox, “Coastal Margins and Backshores Represent a Major Sink for Marine Debris: Insights from a Continental-Scale Analysis,” Environmental Research Letters 15, no. 7 (2020): 1–11, pg. 2, https://doi.org/10.1088/1748-9326/AB7836.
[3] Maretta Trimirza, Ramlan Ramlan, and Rahayu Repindowaty, “Protection of Coral Reefs According to UNCLOS 1982 (Case Study of Damage to Coral Reefs by the M.V. Caledonian Sky Cruise Ship in Raja Ampat),” Uti Possidetis: Journal of International Law 2, no. 1 (2021): 106–30, pg., 107, https://doi.org/10.22437/UP.V2I1.10912.
[4] Victoria Cruz-De Jesus, “Preserving the Sea in a Radioactive World: How Japan’s Plan to Release Treated Nuclear Wastewater into the Pacific Ocean Violates UNCLOS,” American University International Law Review 37, no. 4 (2023): 1005–41, pg. 1011, https://digitalcommons.wcl.american.edu/auilr/vol37/iss4/5.
[5] Abram Chayes, and Antonia Handler Chayes. “On Compliance.” International Organization 47, no. 2 (1993): 175–205, pg. 176, http://www.jstor.org/stable/2706888 .
[6] Belen Olmos Giupponi, International Environment Law Compliance in Context: Mechanisms and Case Studies, (New York: Routledge, 2021):1-313, pg. 9.
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