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12 Protection and Preservation of the Marine Environment

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Chapter Summary

The field of international environmental law has developed dramatically in the last few decades. This chapter provides one example showing how difficult it can be to address problems facing international lawyers and policy makers in a legal framework that is fragmented in terms of possible remedies at the global, regional, and national levels and that has difficulty protecting common goods such as the marine environment. The example explored in the chapter deals with land-based pollution, the most important source of marine pollution. Despite its importance, land-based pollution is subject to less stringent international regulation than other sources. The mixed oxide (MOX) Plant cases, litigated in four different international forums over a span of seven years, illustrate just how complex proceedings concerning land-based pollution can be under international law.

Keywords: international environmental law; land-based pollution; marine environment; marine pollution; mixed oxide (MOX) Plant case

10.1163/9789004203563_013
/content/books/b9789004203563_013
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