Humanity is being driven ashore : a juridical and political essay on marine plastic pollution

Since its invention, in the 1950s, plastic can be found in almost every object or structure. It has created numerous opportunities in many fields, boosting markedly mankind’s development and even its life span. However, combined with modern consumption patterns, in a world that is more and more urban and technological, plastic amounts have reached proportions never seen before. Consequently, plastic waste quantities are also exceeding all the limits reached so far and it is ending in our oceans for two main reasons: reckless behaviour of consumers and improper waste management. National waste management systems worldwide are facing severe challenges, especially at the moments of collection and disposal. That happens particularly in Asia and the causes are lack of money and structures, and governments and citizens lack of interest. Marine plastic pollution has been affecting all humanity for several decades but only recently it has been recognised. Each year, at least eight million tonnes of plastics leak into the oceans. Its sources are numerous and can be land-based (80%) – dumps, littering, sewage, industrial activities – or sea-based (20%) – commercial fisheries and offshore oil and gas platforms. Ironically, the characteristics that make plastic so useful – lightness, durability, low cost and malleability – are the same that transform plastic in a long-term problem for the environment. Once in nature, plastics never disappear, they just disintegrate into smaller and smaller particles, while they quickly spread across all the geographic divisions and layers of the ocean. Plastics from all sizes can entangle marine animals and/or can be ingested by them, causing injuries, gut obstructions and death. Plastic waste is even responsible for heavy economic losses. Furthermore, microplastics are entering the human food chain and the consequences are unknown. Several existing legal instruments, of regional and international scope, are capable of addressing different aspects of marine litter. Some national initiatives are of utility as well. Nevertheless, few countries or regions have an overarching legal framework to tackle the problem. It is clear though that it is impossible to maintain the actual production and consumption patterns, and that is imperative to implement effective plastic waste management