Experimental activities that intentionally perturb the marine environment: Implications for the marine environmental protection and marine scientific research provisions of the 1982 United Nations Convention on the Law of the Sea

Verlaan, Philomène

doi:10.1016/j.marpol.2006.07.004

Cited by 30 publications

(5 citation statements)

References 31 publications

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“…Given scientific uncertainty about possible adverse effects of ocean fertilization, it would also be sensible to require that applicants for permits for ocean fertilization include research on the broader effects of fertilization on the marine and atmospheric environments. As with all such procedures, where those effects are unknown or likely to be severe, modification to experimental design can be required to minimize possible adverse effects (Verlaan 2007).…”

Section: Discussionmentioning

confidence: 99%

Ocean iron fertilization and international law

Freestone¹,

Rayfuse

2008

Mar. Ecol. Prog. Ser.

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Intentional ocean fertilization and the commercial sale of associated carbon offsets raise a number of issues in international law. On the one hand, states are obliged to adopt adaptation and mitigation measures to prevent dangerous climate change. On the other hand, international law obliges states to protect and preserve the marine environment and to act in a precautionary manner in the face of scientific uncertainty. In this article, we examine the application of the international Law of the Sea to ocean fertilization, with particular reference to the law's dumping regime, which prohibits the dumping of wastes or other materials from vessels into the ocean. We then examine the application of the international legal regime on climate change to ocean fertilization and assess the international legal basis for the sale of carbon offsets or carbon credits associated with ocean fertilization. We conclude that ocean fertilization is governed by the dumping regime and that its commercialization is inconsistent with international law unless and until independent, internationally peerreviewed scientific research and assessment demonstrates that it is effective and that its benefits outweigh the risks to the marine environment.

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Section: Discussionmentioning

confidence: 99%

Ocean iron fertilization and international law

Freestone¹,

Rayfuse

2008

Mar. Ecol. Prog. Ser.

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“…72 effects of those manipulations. 74 Many ocean sensors and platforms are made from minerals mined from the Earth, as with other sensors and indeed all computers and mobile phones. The LOSC provides that MSR shall be conducted in compliance with all relevant regulations for the protection and preservation of the marine environment.…”

Section: New Technologies That Enhance Scientific Knowledgementioning

confidence: 99%

New technology and the protection of the marine environment

Woker¹,

Holst²,

Harden‐Davies³

2023

Research Handbook on International Marine Environmental Law

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bioprospecting industry is a notable example (see further on MGR in Section 4 below), 9 or possibilities to exploit altogether new marine resources, such as the marine renewables discussed below. The relationship between technological developments in the realm of marine resource exploitation and the marine environment is a complex one, however, and requires a balance of interests to be struck.An illustrative example can be found in technological advances in offshore renewable energy production, which encompasses a range of different technologies at various stages of development, from offshore wind farms, to ocean energy technologies such as wave, tidal, current, salinity gradient, or ocean thermal energy conversion. 10 Depending on the exact technology, scale and location, these structures may either be floating or anchored to the seabed, and require the construction of, or connection to existing offshore grids. 11 Offshore renewables are an 'environmentally friendly' resource in the sense that they play an increasingly vital role in the energy transition and thereby in reaching global GHG emission reduction targets. At the same time, operating these technologies in the marine environment has certain environmental impacts, including noise pollution, electromagnetic fields, habitat disturbance and potential effects on populations of marine mammals and birds (in case of windfarms). 12 Positive (local) impacts on biodiversity have also been recorded, however, for example when the underwater infrastructure of a wind farm functions as an artificial reef, or due to fishing activities being excluded from the area. 13 In terms of applicable law, there is no single international instrument that regulates the environmental impacts of offshore renewable energy production. The United Nations Convention on the Law of the Sea (LOSC) 14 sets out the jurisdictional framework, granting coastal States rights to exploit ocean energy sources within their territorial sea, exclusive

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“…Management of Marine Mining [13] may help to fill policy voids at both national and international levels [14]. Initially proposed in 2000 by Nautilus Minerals, and under development by the International Marine Minerals Society, the Code's current draft revision articulates principles and operating guidelines for the responsible and sustainable development of underwater mining.…”

Section: The Emergence Of a Voluntary Instrument Called The Code For mentioning

confidence: 99%

“…2). Mining is planned to proceed alongside unmined control areas, evincing an arguably precautionary approach [16] that has been designed to produce knowledge about potential ecological changes [14]. For example, given the geologically ephemeral nature of active hydrothermal vents and associated communities, undertaking scientific experimentation in concert with mineral extraction could lead to insights about the potential for and the rate and extent of biotic recolonizations [17].…”

Section: The Emergence Of a Voluntary Instrument Called The Code For mentioning

confidence: 99%