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The State Practice section of the Asia Pacific Journal of Ocean Law and Policy is dedicated to providing recent State-oriented developments in marine law including new legislation, cases, and policies. In this edition, we have two important contributions highlighting significant national responses to transboundary pollution concerns.Ana Lourdes Cosme who is a Senior Legal Associate at the University of the Philippines Institute for Maritime Affairs and Law of the Sea describes the Philippines’ Extended Producer Responsibility Act of 2022 (epra). This Act is the Philippines’ first major reform to its existing waste management acts in almost two decades. With the unfortunate fact of being the State having the most plastic-polluting river in the world, the Philippines adopted the epra to focus on major plastic producers. When fully implemented, this act should reduce existing sources of domestic marine litter.Professor Seokwoo Lee has contributed an important piece on Korea’s response to alleged transboundary pollution from contaminated wastewater released from the Fukushima nuclear power plant in Japan. After efforts to cooperatively resolve national disagreements between the neighboring States, Korea is now contemplating pursuing a domestic policy of litigation to resolve a longstanding transboundary dispute.Taken together, these pieces highlight the challenges facing individual States to respond to issues of transboundary concern. The Philippines is both a generator and a recipient of marine litter. It has taken an important step forward to address domestic responsibility on plastics. South Korea is likewise both a generator of nuclear energy but may also be a recipient of the externalities of Japan’s nuclear energy production. The question of whether Korea will pursue litigation to decide State responsibility remains a significant decision for the Korean government.
Asia-Pacific Journal of Ocean Law and Policy – Brill
Published: Dec 16, 2022
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