The Application of the Principle of Prevention to land-based sources of marine pollution: an International Law approach

Abstract

Despite being a major environmental issue, marine pollution of onshore origin has not been addressed through a clear and coherent international legal framework. The aim of this article is, therefore, to reconduct such fragmented framework to a single international rule, with the potential of effectively facing the issue. This led the investigation to focus on the Principle of Prevention, which, despite being a cornerstone of international environmental law, has remained quite evanescent as to its normative content. With this in mind, the article attempts to reconstruct the actual content of the rule with specific regard to the issue at stake. In order to do so, it has been essential to identify the standard of “diligence” States are held to in such regard and to verify how such “due diligence” interacts with the primary rule and contributes to fill it with normative content. The result is a single legal rule with a renewed potential, especially in terms of enforcement opportunities.