Book contents
- Frontmatter
- Contents
- List of figures
- List of tables
- Notes on the contributors
- Preface and acknowledgements
- List of abbreviations
- INTRODUCTORY OVERVIEW
- PART I LEVELS OF REGULATION IN THE PROTECTION OF THE POLAR MARINE ENVIRONMENT
- PART II CURRENT TRENDS AND ISSUES IN PROTECTING THE POLAR MARINE ENVIRONMENT
- 8 Land-based marine pollution and the Arctic: polarities between principles and practice
- 9 Radioactive waste in the Barents and Kara Seas: Russian implementation of the global dumping regime
- 10 Regulation of navigation and vessel-source pollution in the Northern Sea Route: Article 234 and state practice
- 11 The emerging International Polar Navigation Code: bi-polar relevance?
- Index of international instruments and national legislation
- Subject index
8 - Land-based marine pollution and the Arctic: polarities between principles and practice
Published online by Cambridge University Press: 12 August 2009
- Frontmatter
- Contents
- List of figures
- List of tables
- Notes on the contributors
- Preface and acknowledgements
- List of abbreviations
- INTRODUCTORY OVERVIEW
- PART I LEVELS OF REGULATION IN THE PROTECTION OF THE POLAR MARINE ENVIRONMENT
- PART II CURRENT TRENDS AND ISSUES IN PROTECTING THE POLAR MARINE ENVIRONMENT
- 8 Land-based marine pollution and the Arctic: polarities between principles and practice
- 9 Radioactive waste in the Barents and Kara Seas: Russian implementation of the global dumping regime
- 10 Regulation of navigation and vessel-source pollution in the Northern Sea Route: Article 234 and state practice
- 11 The emerging International Polar Navigation Code: bi-polar relevance?
- Index of international instruments and national legislation
- Subject index
Summary
The concept of sustainable development calls for the application of many principles – including public participation, polluter pays, intergenerational equity, community-based management, indigenous rights and environmental impact assessment. Fundamental in combating land-based pollution is the precautionary principle, also known as the precautionary ‘approach’. It urges a shift away from the traditional belief in the assimilative capacity of the oceans to absorb wastes and faith in end-of-pipe standards to achieve acceptable environmental quality standards. The precautionary principle is torn between competing philosophies towards nature and natural resources. In its strictest form, it calls for quite extreme law and policy reforms that emphasise pollution prevention and the need to develop clean technologies and products.
Extreme control measures may include the establishment of zero discharge (or virtual elimination) standards for synthetic chemicals, a ‘reverse listing’ approach to chemicals management where only ‘safe’ chemicals are listed for use, and a shift in the burden of proof to those proposing development activities to show some standard of safety. Best available technology without regard to costs is a further direct measure often advocated.
A more utilitarian view of precaution, as articulated in Principle 15 of the Rio Declaration on Environment and Development, supports an array of less extreme management measures. Reliance on cost–benefit and risk–benefit assessments is viewed as critical in reaching rational decisions. Flexible trade-offs between environmental and economic values are encouraged through application of best available techniques (with consideration given to costs).
- Type
- Chapter
- Information
- Protecting the Polar Marine EnvironmentLaw and Policy for Pollution Prevention, pp. 175 - 199Publisher: Cambridge University PressPrint publication year: 2000