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Plastic ‘Highways’ to the Sea: The Problem of Litter in English Inland Waterways

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  • Samantha Davey

    (School of Law, University of Essex, Colchester CO4 3SQ, UK)

Abstract

There is a conspicuous lacuna in the Environmental Protection Act (EPA) 1990 because it imposes no legal duty on statutory bodies to clear litter from aquatic environments (rivers, canals and lakes) in England and Wales. This paper identifies a significant gap in the law on aquatic environmental protection by undertaking doctrinal research, including contextual analysis of references to rivers in ‘soft’ law (e.g., policy documents such as the Conservative Government’s Litter Strategy) and ‘hard law’ (e.g., legislation including the EPA 1990); an examination of the problems with existing legal frameworks in this sphere and an exploration of legislative and practical measures which could protect our rivers and other inland waterways from litter. A legislative amendment to the EPA is proposed with discussion of whether imposing a duty on an existing body or a new, specialised body to clear litter from rivers will ameliorate these problems. The intention behind this paper is to initiate an informed debate on how to protect aquatic environments from the harmful effects of litter.

Suggested Citation

  • Samantha Davey, 2021. "Plastic ‘Highways’ to the Sea: The Problem of Litter in English Inland Waterways," Social Sciences, MDPI, vol. 10(12), pages 1-18, December.
    • Handle: RePEc:gam:jscscx:v:10:y:2021:i:12:p:473-:d:698280
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    References listed on IDEAS

    as
    1. Getzler, Joshua, 2004. "A History of Water Rights at Common Law," OUP Catalogue, Oxford University Press, number 9780198265818.
    2. Daniel Bromley, 1992. "The commons, common property, and environmental policy," Environmental & Resource Economics, Springer;European Association of Environmental and Resource Economists, vol. 2(1), pages 1-17, January.
    3. Rose, Carol M, 1990. "Energy and Efficiency in the Realignment of Common-Law Water Rights," The Journal of Legal Studies, University of Chicago Press, vol. 19(2), pages 261-296, June.
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