Much of the plastic rubbish that is now found in our oceans comes from land‐based sources. From plastic bags, to toothbrushes and plastic nurdles, plastic enters the oceans through, for example, discharges or dumping in rivers, from waste dumped on land blowing into watercourses, and from landfill sites which have been built too close to the coastline and are damaged by storms. This article explains the weaknesses in the current law on marine pollution from land‐based sources and activities that pave the way for such widespread pollution of our oceans, before examining possible legal solutions to this problem. The article assesses potential solutions to this problem using insights from literature on fragmentation and on effectiveness and legitimacy of regimes. In constructing this analysis, the article thus develops understandings of when and why the adoption of treaties may be both appropriate and effective.
University of Lincoln, College of Social Science Research
Elizabeth A Kirk, University of Lincoln, Lincoln Law School
Naporn Popattanachai, Thammasat University, Faculty of Law