Addressing

ASEAN’s 

Marine Plastic Problem: 

Relating Environmental Law
Principles to Regional Ocean
Governance Policy Recommendations

BY: RIZKINA ALIYA, IRAWATI PUTERI, SATRIA AFIF MUHAMMAD

FACULTY OF LAW, UNIVERSITAS INDONESIA
STATUS QUO OF PLASTIC

DEBRIS
The world’s SOCIO ECONOMIC
oceans are IMPACTS

choking on
mountains of
plastic debris, ENVIRONMENTAL
and ASEAN’s IMPACTS
marine
environment is
one of the worst
victims

@CHARTREUSEINC
 PRINCIPLES
OF
ENVIRONMENTAL
LAW

The Principle of
Sustainable
Development
development that meets the needs
of the present without
compromising the ability of future
generations to meet their own
needs
Intra-
generational and
intergenerational
equity
Intergenerational equity aims to
ensure that future generations
will have the same options,
quality, and access
intra-generational equity which
relates to the equitable
distribution of resources and
development as well as the
distribution of risk and the social
costs of progress
 The Principle of
The Principle of
Precautionary
Precautionary
and Preventive
and Preventive
Action
Action
internationally wrongful act by a
Precautionary action means to state entails the international
employ the best possible responsibility of that state
measures to prevent unwarranted
environmental damage such as
sufficient precautionary
environmental impact analysis

Preventive action must be applied

to circumstances where negative
outcomes and likelihood of
damages are well-defined.
Polluter-Pays
Principle
an economic policy that aims to
relocate the cost of pollution and
environmental damage that has
so far been borne by the
environment, the public, and
governments.
internalize that externality by
including the cost of
environmental restoration and
preservation to the price of a
product or service that a producer
provides.
 PROPOSED POLICY
RECOMMENDATIONS
no single solution
sustainable
development = TACKLING THE

efficient use of PLASTIC VALUE

(marine) resources, CHAIN

+ profit from the

exploitation of those
resources must be
reinvested
Pre-production
TACKLING THE
Production
PLASTIC VALUE
Consumer
CHAIN
End-of life
 ASEAN members) to cooperate in developing
and implementing measures to prevent,
TRANS- monitor, and mitigate marine pollution by
BOUNDARY controlling sources of plastic debris,
MARINE development of monitoring, assessment and
RESPONSIBILITY warning systems, exchange of information and
technology, and the provision of mutual
assistance
 EXTENDED PRODUCER
RESPONSIBILITY

public policy approach that creates a

framework for consumer goods companies to
mitigate the environmental impacts of their
packaging
In practice, it means producers are accountable
for meeting recycling targets and other
performance measures
 EXTENDED PRODUCER
RESPONSIBILITY

In practice, it means producers are accountable

for meeting recycling targets and other
performance measures
e.g. up-front financing, full-cost internalization
utilizing existing infrastructure, expanding it,
creating new recycling infrastructure
One is expected to have gained wisdom and strength
at fifty...

If ASEAN can commit to a concrete orchestrated

regional action to address the plastics pollution of the
oceans at its various supply levels by genuinely
keeping in mind environmental legal principles,
construct agreements to regulate trans-boundary
marine responsibility, and apply extended producer’s
responsibility, it will truly be a golden milestone for
the association and a great way for it to chart its
course for the next 50 years.