International Legal Protection of the Marine Environment from Plastic Pollution

Introduction. The world ocean plays a huge role in the life of our planet. It produces a huge amount of oxygen (URL: https://www.theoceanpreneur.com/impact/ocean-education/seven-reasons-ocean-important / (accessed: 05.09.2022)), the climate also largely depends on the marine environment. Marine biological resources are a significant source of food. A huge number of different species of living organisms live in the ocean, and the seashore is widely used for recreation, in addition, the implementation of various activities in the marine environment provides work for a large number of people ^{[1, 2]}.

At the same time, the marine environment is experiencing a variety of negative consequences from anthropogenic activities, one of which is pollution ^[3]. At the same time, plastic is currently the most common type of marine debris ^[4], according to the United Nations Environment Programme (UNEP), 4.8–12.7 million tons of plastic enter the World Ocean annually ^[5]. In addition, any increase in the consumption of plastic products entails an increase in the intensity of environmental pollution with plastic. For example, during the COVID-19 pandemic, the levels of production and disposal of medical masks and other plastic medical products sharply increased, which, in turn, led to a sharp increase in the amount of plastic garbage entering the environment ^[6]. This problem is also reflected in the works of Russian scientists dealing with environmental law. Thus, G. A. Volkov notes that the COVID-19 pandemic caused an increase in marine pollution by plastic garbage. At the same time, the author emphasizes the importance of protecting the marine environment and its components, such as algae, including for the purposes of preserving the Earth's ozone layer ^[7].

Special attention should be paid to the pollution of the world's oceans by microplastics, which is a serious environmental problem. The detection of microparticles of plastic in the marine environment and in marine organisms is no longer surprising news. For example, to determine the levels of pollution of the marine environment with microplastics, researchers took a number of samples in the tropical eastern Pacific Ocean and the Galapagos archipelago, as a result, microplastic particles were found in 100% of samples ^[8].

Due to the fact that about half of all plastic is lighter than water, it is able to move with the world currents and spread throughout the planet. As emphasized in the scientific literature, due to the peculiarities of ocean currents, the Arctic Ocean and the Barents Sea can become a place of plastic accumulation, which will negatively affect the vulnerable nature of the Arctic. Scientists also pay attention to the fact that microplastics are found even in remote corners of the planet, while the level of plastic pollution in these areas is comparable to industrially developed areas ^{[9, pp. 249-250]}. It is alarming to find a high concentration of microplastics in the Arctic sea ice, which is at least two orders of magnitude higher than in the heavily polluted surface waters of the Pacific Ocean ^[10].

These data, combined with the increasing volumes of plastic production and its long period of decomposition in nature ^[11], brings environmental pollution by plastic into the ranks of the most serious environmental problems of our time. As O. L. Dubovik rightly wrote, plastic pollution of the marine environment poses a threat not only to the current, but also to future generations of people ^[12].

Thus, the study of international legal aspects of combating marine pollution with plastic is extremely relevant and in demand.

Plastic as a pollutant of the World's oceans: the size of plastic garbage and the ways it enters the marine environment. In the specialized literature, the following characteristics of marine plastic garbage are proposed, depending on its size. Megoplastic – fragments of plastic or plastic products larger than 1 m. These are abandoned fishing gear or plastic garbage that got into the marine environment from land. For example, abandoned fishing nets, ropes, boat hulls, plastic wrap. Macroplastic – plastic products or their fragments less than 1 m in size. Basically, these are items lost during the implementation of activities at sea. These can be plastic bags, various packaging, floats, buoys, etc. Mesoplastic – plastic products or fragments of them less than 2.5 cm in size. For example, bottle caps. Microplastics, as a rule, are characterized by a size of less than 5 mm. Microplastic is divided into primary and secondary. The primary includes specially produced microgranules added to various products. Secondary appears as a result of the destruction of larger fragments of plastic and (or) products made from it. Thus, large volumes of microplastics are formed during machine washing of synthetic products. Nanoplastics are plastic particles with a size of less than 0.1 microns, divided into primary, produced, for example, for use in pharmaceuticals, and secondary, which are fragments of microplastics ^{[13, p. 27]}.

One of the important characteristics of plastic for legal regulation is the classification of its sources of entry into the marine environment. Traditionally, all sources of marine pollution, including plastic, are divided into two main types: sources located on land and directly in the marine environment. In turn, these two sources are divided into more specific ones. So, the main sources of marine pollution by plastic located on land include: landfills, rivers and flood waters, industrial discharges, storm drains, urban wastewater, littering of beaches, coastal zones, including as a result of recreational activities, such as tourism, etc. Sources located in the marine environment include fishing and aquaculture, shipping (including marine tourism), mining on the continental shelf, illegal dumping of garbage into the marine environment, etc. (URL:https://www.greenfacts.org/en/update-marine-litter/l-2/index.htm (accessed: 04.07.2022)). Anti-fouling ship systems are one of the significant sources of microplastics entering the marine environment, which has been noticed relatively recently. Thus, according to the information provided by the Marine Environment Protection Committee (MERS), about 40% of the coatings used on ships contain microplastics in their composition. At the same time, during the life of the vessel, approximately 6-7% of such coatings are lost directly in the marine environment (URL: https://seas-at-risk.org/wp-content/uploads/2021/11/MEPC-77-8-1-Microplastics-from-anti-fouling-paints-an-overlooked-source-of-marine-plastic-litter-FOEI-Greenpeace-Internat....pdf (accessed 14.09.2022)). However, it should be emphasized here that, according to research, one of the main sources of microplastics entering the marine environment is river runoff (see: Morozova A.S., Mazlova E.A., Blinovskaya Ya.Yu., Kulikova O.A., Fomin E.I., Smirnov V.K. Investigation of microplastics in the coastal zone of Russian seas and rivers // Science, education, production in solving environmental problems (Ecology-2020). Materials of the XVI International Scientific and Technical Conference dedicated to the 75th anniversary of Victory in the Great Patriotic War: In 2 vol. 2020. p. 197.).

International legal regulation in the field of combating pollution of the marine environment by plastic. The fundamental document in international maritime law, including in the field of pollution control, is the United Nations Convention on the Law of the Sea (UNCLOS) (concluded in Montego Bay on December 10, 1982) (Bulletin of International Treaties. 1998. No. 1. pp. 3-168.) (hereinafter referred to as the Convention on the Law of the Sea), Part XII of which is devoted to the protection and preservation of the marine environment. Thus, according to Article 192 of the Convention on the Law of the Sea, States undertake obligations to protect and preserve the marine environment. In accordance with part 1 of Article 194 of the Convention on the Law of the Sea, States, in accordance with their capabilities, individually or jointly, should take measures aimed at preventing, reducing and controlling pollution of the marine environment from any source, while it is necessary to use the best practically applicable means for this purpose and, importantly, States should strive to coordinate its policy in this regard. These provisions establish the responsibility of States for pollution of the marine environment, including plastic, while also talking about the need for joint decisions and actions in this direction. Joint coordination of States' actions is extremely important to combat plastic pollution of the marine environment, since the problem is global in nature and this type of pollutant enters the marine environment as a result of activities carried out in various countries. The requirement to use "the best practically applicable means" for pollution control purposes is also important, which contributes to the development of the use of the best available technologies (BAT) ^[14], which contributes to the achievement of both environmental and economic goals.

According to part 2 of Article 194 of the Convention on the Law of the Sea, States undertake to take all necessary measures to ensure that activities carried out under their jurisdiction or control do not cause damage to other States and their marine environment. In accordance with Article 195 of the Convention on the Law of the Sea, States undertake not to transfer damage or the risk of pollution, as well as not to turn one type of pollution into another. In relation to plastic pollution, in addition to preventing transboundary plastic pollution, these norms are also important for controlling the transition of one type of plastic pollution to another, for example, as a result of the decomposition of macroplastic into microplastic.

According to Article 207 of the Convention on the Law of the Sea, States adopt laws, regulations, as well as other necessary measures aimed at preventing, reducing and controlling pollution of the marine environment from land-based sources. This provision of the Convention has great potential for protecting the marine environment from plastic pollution, a significant proportion of which comes from sources located on land.

Thus, the Convention on the Law of the Sea establishes the legal basis for combating pollution of the marine environment, including plastic, despite the fact that the concept of plastic is not used in the text of the Convention under consideration.

Another important document for the protection of the marine environment is the Convention on the Prevention of Marine Pollution by Dumping of Waste and Other Materials (concluded in Washington, London, Mexico City, Moscow on December 29, 1972) (A collection of existing treaties, agreements and conventions concluded by the USSR with foreign states. Issue XXXII. M., 1978. pp. 540-549) (hereinafter referred to as the London Convention). According to art . I of the London Convention, its Parties undertake to contribute to the effective control of all sources of marine pollution and to take all possible measures to prevent pollution of the sea by dumping waste and other materials hazardous to human health and living resources of the sea, as well as capable of interfering with legitimate uses of the sea. It is worth emphasizing that in the above norm we are talking about any sources of pollution that may be located, including on land. There is also no doubt that plastic poses a threat to humans and the living resources of the sea and at the same time can become an obstacle to the legitimate use of the marine environment, for example in the case of pollution of recreational areas on the coast.

In accordance with paragraph a, paragraph 1 of Article IV of the London Convention, the dumping of waste or other materials specified in Annex I, in paragraph 4 of which resistant plastics and other resistant synthetic materials are named, is prohibited.

On November 7, 1996, the Protocol of 1996 to the Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Materials of 1972 (hereinafter referred to as the Protocol of 1996) was signed in London (the document was not published). According to Article 23 of the 1996 Protocol, it replaces the London Convention in the relations between the Contracting Parties to the Protocol, which are also Parties to the London Convention. It should be noted that the Russian Federation does not participate in the 1996 Protocol. The purpose of the 1996 Protocol, in addition to combating pollution of the marine environment from all types of sources, is also the elimination of its pollution (in cases where it is practically possible) caused by the dumping or incineration of waste or other materials into the sea (Article 2). Also, the Protocol in question prohibits the dumping into the marine environment of any waste or materials, with the exception of those listed in Annex 1, such wastes and materials include, for example, organic materials of natural origin, sewage sludge and some others. (paragraph 1 of Annex 1 to the 1996 Protocol).

The International Convention for the Prevention of Pollution from Ships of 1973 (London, November 2, 1973) is significant for the protection of the marine environment from pollution, including plastic (The official Internet portal of legal information http://www.pravo.gov.ru , 2017) (hereinafter referred to as the Convention on the Prevention of Pollution). According to part 1 of Article 1 of the Convention under consideration, in order to prevent pollution of the marine environment from ships, the Parties undertake to comply with its provisions and the provisions of its Annexes. From the point of view of combating plastic pollution, Annex V of the Convention on the Prevention of Pollution is important, which is dedicated to the prevention of pollution by garbage from ships. According to paragraph 2 of Rule 3 of the above-mentioned Annex, it is prohibited to dump all types of plastics into the sea, including synthetic cables, fishing nets, plastic garbage bags, etc. The dumping of plastics is allowed only in exceptional cases listed in Rule 7 of the Annex in question, for example, in order to ensure safety, save human life at sea.

In order to combat marine pollution with microplastics, the International Convention on the Control of Harmful Antifouling Systems on Ships (concluded on October 5, 2001 in London) has significant potential (Bulletin of International Treaties. 2013. No. 8) (hereinafter – the Convention on the Control of Antifouling Systems), Russia joined the said Convention on August 9, 2012 (RF Law. 2012. No. 33. Article 4693). The main purpose of this international Document is to protect the marine environment and human health from the adverse effects of antifouling systems. To achieve this goal, the Parties to the Convention on the Control of Antifouling Systems have committed themselves to fully implement its provisions (paragraph 1 of Article 1). Also significant from the point of view of the problem under consideration is paragraph 5 of Article 1 of the Convention under consideration, according to which the Parties undertake to encourage the continuous development of effective and environmentally safe antifouling systems. Thus, this provision is aimed at achieving a balance of public, in this case environmental, interests and private, since the effectiveness of antifouling systems is extremely important from the point of view of technical operation of the fleet, it should also be noted that the use of antifouling systems contributes to the fight against the spread of alien species in the marine environment ^{[15, 114]}. Currently, according to Annex I to the Convention on the Control of Antifouling Systems, the control measures for antifouling systems apply to those systems that contain tin-containing organic compounds that act as biocides. However, according to paragraph 1 of Article 6 of the Convention under consideration, any of the Parties may propose an amendment to Annex 1. Thus, it is possible to include in this annex those antifouling systems that are a source of microplastics entering the marine environment. Despite the complexity of the procedure for making such amendments, this scenario seems reasonable and possible.

In this context, regional agreements are also of great interest, for example, the Convention on the Protection of the Black Sea from Pollution (concluded in Bucharest on April 21, 1992) (the document was not published) (hereinafter the Convention on the Protection of the Black Sea), which contains a number of provisions significant for combating plastic pollution. So, according to part 2 of art. V of the Convention under consideration, the Contracting Parties individually or jointly take all necessary measures to prevent, reduce and combat pollution of the marine environment of the Black Sea, as well as to protect and preserve it. In accordance with Article VI of the Convention, each of the Contracting Parties prevents pollution of the marine environment of the Black Sea from any sources by substances or materials specified in the Annex to this Convention. At the same time, according to Article VII of the Convention on the Protection of the Black Sea, measures to prevent and reduce pollution of the marine environment of the Black Sea from land-based sources, as well as combating it, are carried out in accordance with the relevant Protocol. Special attention should be paid to the fact that according to paragraph 8 of Annex I to the Convention on the Protection of the Black Sea, hazardous substances and materials include resistant synthetic materials capable of floating, sinking or remaining suspended. Accordingly, plastic also fully applies to these materials. Thus, it can be concluded that the Parties to the Convention on the Protection of the Black Sea have assumed obligations to protect the Black Sea from plastic pollution. However, according to observations, one of the main problems for the Black Sea is garbage pollution. At the same time, more than 80% of such garbage is plastic (URL: https://www.kommersant.ru/doc/5052370 ?ysclid=l 38 hlqac 1 (accessed 16.05.2022)).

The problem of pollution by garbage, including plastic, is also relevant for the Caspian Sea, according to Kazakh environmentalists, a large amount of garbage from the coast gets into the marine environment, despite the fact that raids are periodically carried out to clean the shores of garbage (URL: https://kz.kursiv.media/2019-08-04/mangistauskie-ekologi-trebuyut-sozdaniya-centra-po-izucheniyu-problem/?ysclid=l38kp23bqu (accessed 16.05.2022)). For example, during a special expedition to the Seal Islands, 3,790 kg of nets and 1,578 kg of other marine debris were collected (URL: https://forbes.kz/news/2020/10/22/newsid_236048 ?ysclid=l38kjqb1fg (accessed 16.05.2022)). In order to protect the Caspian Sea, the Framework Convention for the Protection of the Marine Environment of the Caspian Sea was concluded (Tehran, 2003) (Bulletin of International Treaties. 2016. No. 11. pp. 3-15) (hereinafter referred to as the Convention for the Protection of the Caspian Sea). In accordance with Article 4 of the Convention under consideration, the Parties undertake a number of general obligations, including the obligation to take all necessary measures to prevent, reduce and control pollution of the Caspian Sea, as well as to protect, preserve and restore its marine environment. At the same time, such measures can be taken by the Parties both independently and jointly. Important from the point of view of protecting the Caspian Sea from plastic pollution is Article 7 of the Convention for the Protection of the Caspian Sea, dedicated to issues related to pollution from land-based sources. In accordance with part 1 of the article under consideration, the Parties must take measures to combat this type of pollution of the Caspian Sea. According to Part 2, the Parties cooperate in the development of protocols prescribing additional measures to combat pollution from land-based sources. These protocols may include, among other things, measures such as the use of various types of urban wastewater treatment (item e). These measures, with the use of appropriate technologies, can reduce pollution of the marine environment with microplastics. The use of the best existing methods to reduce the influx of hazardous substances from dispersed sources (paragraph g). Here it should be noted that under dangerous substances according to Article 1 of the Convention for the Protection of the Caspian Sea, bioaccumulative substances, that is, substances capable of accumulating in living organisms, as is known, this property is inherent in and plastic surgery. Accordingly, from the point of view of this Convention, plastic, mainly microplastics, can be considered as a dangerous substance. It is worth noting that the Protocol to the Convention on the Protection of the Caspian Sea, dedicated to the protection of the Caspian Sea from pollution from land-based sources, has been prepared, but has not entered into force at the moment. The Protocol itself contains provisions aimed at combating pollution of the marine environment with plastic. Of particular interest is Annex I to this Protocol, which is devoted to controlled activities and categories of substances. For example, controlled activities include, among others, urban solid waste and wastewater management, tourism. Among the categories of substances that are taken into account when preparing action plans, programs and taking measures to combat pollution from land-based sources, marine debris, non-toxic substances that can interfere with any legitimate use of the sea are named, among others.

Another international legal document dedicated to the Caspian Sea is the Convention on the Legal Status of the Caspian Sea (concluded in Aktau on August 12, 2018) (Official website of the Ministry of Foreign Affairs of the Russian Federation http://www.mid.ru /) (The document has not entered into force), which also affects the protection of the marine environment. Thus, according to paragraph 14 of Article 3 of the said Convention, one of the principles of the Parties' activities in the Caspian Sea is the protection of the natural environment of the Caspian Sea. In accordance with Article 15 of the Convention under consideration, the Parties undertake to protect and preserve the ecological system of the Caspian Sea. They also undertake to take measures and cooperate, including in order to combat pollution of the Caspian Sea from any sources.

Conclusion. Based on data on pollution of the marine environment by plastic, it can be concluded that the current system of legal protection of the marine environment from pollution in the world does not cope with this threat, this state of affairs can largely be explained by extremely high levels of production and use of plastic. At the same time, it should be noted that, in general, the system of international legal protection of the marine environment has been worked out at a high level. It should also be emphasized that international legal regulation is mainly aimed at preventing harm to the marine environment from pollution, including plastic, while the question of how to resolve the situation with plastic already in the world's oceans, by and large remains open. Due to the current situation around the pollution of the oceans and the planet with plastic, further development of international legal regulation in this area can be expected in the future. It will also be timely to raise the issue of developing and concluding a special international treaty dedicated to combating plastic pollution of the planet and aimed at preventing and eliminating such pollution.