Enhancing marine protection: The role of Prevention in addressing pollution from land-based sources starting from the European regional experience

According to the United Nations Environment Programme, marine pollution from land-based sources is a major environmental challenge responsible for about 80% of total marine pollution. This form of pollution arises from substances entering the marine environment through land run-off, rivers, pipelines, and atmospheric contamination, leading to adverse impacts on the marine environment that span from eutrophication to the destruction of habitats. Despite some progress in reducing certain pollutants and the adoption, at the international and regional level, of a vast legal framework, issues like sewage, inputs of nutrients, and marine litter have significantly worsened, with marine pollution from land-based sources continuing to represent a serious threat for the preservation of the marine environment. 

The research examined whether the legal framework currently governing this kind of marine pollution is adequate and effective in addressing the issue. Established that this is not the case, the work investigated whether the same legal framework contains elements that might be “extracted” and lead to the identification of a single rule of international law – the Principle of Prevention – which, acting as a common denominator, might offer an “added value” in more effectively addressing the issue.