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Noncompliance and the development of regimes addressing marine pollution from land-based activities

Noncompliance and the development of regimes addressing marine pollution from land-based activities

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Original languageEnglish
Pages235-256
Number of pages22
JournalOcean Development and International Law
Journal publication date2008
Volume39
Issue3
DOIs
StatePublished

Abstract

The primarily action-oriented nature of obligations in regimes designed to address marine pollution from land-based activities makes establishing whether or not states are complying with their obligations difficult. At the same time, a lack of knowledge about and understanding of the marine environment and effectiveness of responses to pollution make noncompliance likely. These threats might undermine the legitimacy of any regime. However, they do not appear to do so here. Instead, they prompt action to improve on all counts. This effect appears to be largely a result of the tacit recognition of the distinction between willful, norm-generating and operational noncompliance by those party to the regimes, with each type of noncompliance generating a different response.

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