Reginal legal framework to tackle with land based maritime pollution: a dilemma in South Asian Sea

Abstract

Land Based Marine Pollution (LBMP) is a major concern around the globe, as sea is not only a trade route but it is also a major part of our ecosystem. Although there are international conventions that provides guidelines to tackle LBMP but this study highlights that regional legal framework can tackle LBMP more effectively. The issues of LBMP in South Asia are different than developed regions thus international conventions are unable to tackle LBMP issues in South Asia. This study describes developments in laws of South Asia by filling gaps in regional efforts. In this context this study explores the legal and institutional framework in South Asia by adopting exploratory qualitative research to highlight the major issues of LBMP and to suggest the factors that should be incorporated in new regional framework. The study conducted interviews with the experts of marine pollution to investigate the issues LBMP. To analyze the interview raw data, the study conducted thematic analysis by using Atlas ti 8.0. Based on the results of interview, the study depicts that there is need of new detailed regional legal framework to tackle the LBMP in South Asia. However, there is sever lack of cooperation among the South Asian region. The study investigated that the tendency of India to dominate the region is a major reason of low cooperation in South Asian region. Therefore, the study suggests to develop a new regional framework based on mutual cooperation and this regional framework must be applicable for entire.