TY - JOUR
T1 - Obligations to Protect and Preserve Marine Environment from Land-Based Sources of Pollution
T2 - A Case of the Indian Ocean in Tanzania
AU - Massawe, Martin Patrice
N1 - Publisher Copyright:
© MARTIN PATRICE MASSAWE, 2024.
PY - 2024
Y1 - 2024
N2 - The 1982 United Nations Convention on the Law of the Sea (UNCLOS) regulates marine pollution from land-based sources worldwide. It provides a comprehensive framework for the development of regional conventions and national laws addressing marine pollution from land-based sources. UNCLOS is closely tied to human rights treaties, since the environment and human rights are interconnected. This study examines Tanzania’s legal system and its adherence to international and regional commitments to protect the maritime environment. Based on a review of relevant documents, the study finds that Tanzania’s regulatory framework largely aligns with international and regional conventions on marine pollution from land-based sources. However, the study concludes that environmental pollution caused by land-based sources remains a significant concern in the Indian Ocean in Tanzania. This may be attributed to factors such as unplanned settlements, limited institutional capacity for waste management, inadequate fines for environmental offenses, insufficient enforcement of environmental regulations, and restricted locus standi. By addressing these shortcomings, Tanzania can better fulfill its obligations under international agreements to improve environmental protection and promote sustainable development.
AB - The 1982 United Nations Convention on the Law of the Sea (UNCLOS) regulates marine pollution from land-based sources worldwide. It provides a comprehensive framework for the development of regional conventions and national laws addressing marine pollution from land-based sources. UNCLOS is closely tied to human rights treaties, since the environment and human rights are interconnected. This study examines Tanzania’s legal system and its adherence to international and regional commitments to protect the maritime environment. Based on a review of relevant documents, the study finds that Tanzania’s regulatory framework largely aligns with international and regional conventions on marine pollution from land-based sources. However, the study concludes that environmental pollution caused by land-based sources remains a significant concern in the Indian Ocean in Tanzania. This may be attributed to factors such as unplanned settlements, limited institutional capacity for waste management, inadequate fines for environmental offenses, insufficient enforcement of environmental regulations, and restricted locus standi. By addressing these shortcomings, Tanzania can better fulfill its obligations under international agreements to improve environmental protection and promote sustainable development.
KW - human rights
KW - land-based, rights to health
KW - marine environment
KW - marine pollution
KW - obligation
UR - http://www.scopus.com/inward/record.url?scp=85210411410&partnerID=8YFLogxK
U2 - 10.1163/17087384-BJA10100
DO - 10.1163/17087384-BJA10100
M3 - Article
AN - SCOPUS:85210411410
SN - 2210-9730
VL - 16
SP - 322
EP - 350
JO - African Journal of Legal Studies
JF - African Journal of Legal Studies
IS - 4
ER -