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in accordance with their own environmental Documents/LC1972.pdf. – subject to the Prior Informed Consent Pro- ernmental Negotiating Committee, which
and development policies, and the respon- 18 The Convention on Biological Diversity cedure): addition of new entry A3210 cover- will begin its work in 2022, with the ambi-
sibility to ensure that activities carried out entered into force on December 29, 1993, ing hazardous plastic waste; Annex IX (waste tion to complete a legally binding draft global
under their jurisdiction or under its control and has 3 main objectives: the conservation presumed to be non-hazardous – not subject agreement by the end of 2024. This is con-
do not cause damage to the environment of biological diversity; the sustainable use of to the Prior Informed Consent Procedure): sidered to be the most significant multilateral
of other States or areas that are outside the components of biological diversity; and the addition of new entry B3011, replacing cur- environmental agreement since the agree-
limits of national jurisdiction”. fair and equitable sharing of benefits arising rent entry B3010 after a specific date, cov- ment from Paris. In: UNITED NATIONS ENVI-
15 Article 194 of the Convention, inserted from the use of genetic resources. In: UNIT- ering plastic waste consisting exclusively of RONMENT PROGRAMME. Historic day in the
in Part XII of the document, describes a gen- ED NATIONS. CONVENTION ON BIOLOGICAL a non-halogenated polymer or resin, poly- campaign to beat plastic pollution: Nations
eral rule of international law, providing for DIVERSITY. 1992. Available at: https://www. mers selected fluorides or mixtures of poly- commit to develop a legally binding agree-
the obligation to prevent, reduce and con- cbd.int/doc/legal/cbd-en.pdf. ethylene, polypropylene and/or polyethylene ment. Press release – Environmental-mental
trol pollution of the marine environment. In: 19 This Convention dates from November terephthalate, provided that the waste is re- rights and governance. Available at: https://
UNITED NATIONS. United Nations Conven- 29, 1969, having been registered with the cycled in an environmentally correct manner www.unep.org/news-and-stories/press-re-
tion on the Law of the Sea. Montego Bay, International Maritime Organization on May and is almost free from contamination and lease/historic-day-campaign-beat-plastic-pol-
December 10, 1982. Available at: https:// 25, 1975, and enacted in Brazil in 2008. other types of waste. lution-nations-commit-develop.
www.un.org/depts/los/convention_agree- In: BRAZIL DECREE No. 6,478, OF JUNE 9, 21 MARPOL Annex V contains regulations 23 From this percentage, it is estimated that
ments/texts/unclos/unclos_e.pdf. 2008. Promulgates the International Con- dealing with waste management and strict- there are significant economic costs arising
16 Judge de Castro cited this formulation as vention on Intervention on the High Seas in ly prohibits the disposal of plastics. In 2013, from the release of plastic waste into the
a rule of customary law in his dissent before Cases of Accidents with Oil Pollution, made new regulations came into effect that impose environment, especially for its involvement
the International Court of Justice in the Nu- in Brussels, on November 29, 1969, and the stricter waste management procedures and in reducing the productivity of vital natural
clear Tests case (Australia v. France), judgment Protocol on Intervention on the High Seas documentation requirements for all vessels, systems, such as the ocean, as well as in
of December 20, 1974, ICJ Reports (1974), in Cases of Pollution by Substances Oth- as well as fixed and floating platforms and a the obstruction of urban infrastructure. The
388- 389. In: INTERNATIONAL COURT OF er Than Oil, done in London, November 2, general ban on the disposal of all waste un- cost of such post-use externalities for plas-
JUSTICE. Nuclear Tests (Australia v. France). 1973. Brasília, Official Gazette of the Union, less disposal is expressly stated. provided for tic packaging, plus the cost associated with
Judgment of 20 December 1974 – Dissent- 6.10.2008. Available at: http:/ /www.plan- in the regulations. In 2018, Annex V was fur- greenhouse gas emissions from their pro-
ing Opinion of Judge de Castro. Available at: alto.gov.br/ccivil_03/_ato2007-2010/2008/ ther strengthened by amending the criteria duction, has been conservatively estimated,
https://www.icj-cij.org/public/files/case-relat- decreto/D6478.htm.; UNITED NATIONS. In- for determining whether cargo residues are through 2016, at $40 billion annually – ex-
ed/58/058-19741220-JUD-01-08-EN.pdf. ternational Convention relating to interven- harmful to the marine environment and revis- ceeding the profit of the plastic packaging
17 The “1972 Convention on the Prevention tion on the high seas in cases of oil pollution ing the Waste Record Book to include a new industry. In: WORLD ECONOMIC FORUM,
of Marine Pollution from Dumping of Waste casualties. Treaties and international agree- category of e-waste. ELLEN MACARTHUR FOUNDATION AND
and Other Materials”, abbreviated the “Lon- ments registered or filed and recorded with 22 In this regard, on March 2, 2022, during MCKINSEY & COMPANY. The New Plastics
don Convention”, is one of the first global the Secretariat of the United Nations, New UNEA-5, representatives of 175 States met Economy — Rethinking the future of plas-
conventions to protect the marine environ- York, vol. 970, 1982. Available at: https:// and drafted Resolution UNEP/EA.5/L.23/ tics, 2016. Available at: https://ellenmacar-
ment from human activities and has been in treaties.un.org/doc/Publication/UNTS/Vol- Rev.1, based on three initial draft resolutions thurfoundation.org/the-new-plastics-econ-
force since 1975. Its aim is to promote effec- ume%20970/v970.pdf. of several nations, establishing an Intergov- omy-rethinking-the-future-of-plastics.
tive control of all sources of marine pollution 20 Through decision BC-14/12, the COP ap-
and to take all possible measures to prevent proved amendments to three annexes to the
pollution of the sea from dumping waste and Convention: Annex II (categories of waste re-
other materials. Currently, 87 States are Par- quiring special consideration – subject to the
ties to this Convention. In: INTERNATIONAL Prior Informed Consent Procedure): addition
MARITIME ORGANIZATION. CONVENTION of the new entry Y48 covering all waste from
ON THE PREVENTION OF MARINE POLLU- plastic, including mixtures of plastic waste,
TION BY DUMPING OF WASTES AND OTHER except for plastic waste covered by entries
MATTER. Available at: https://wwwcdn.imo. A3210 (in Annex VIII) and B3011 (in Annex
org/localresources/en/OurWork/Environment/ IX); Annex VIII (presumably hazardous waste

302 BLUE ECONOMY Marine pollution as everyone’s responsibility 303