Ocean iron fertilization and international law

Abstract

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.

Can ocean iron fertilization mitigate ocean acidification?

“…To our knowledge, except for a few speculations (Wayman 2008;Freestone and Rayfuse 2008) no scientific study has addressed this issue. In a recently released report on ocean acidification, "Monaco Declaration" (Monaco Declaration 2009), it states that "Mitigation strategies that aim to transfer CO 2 to the ocean, for example by direct deep-sea disposal of CO 2 or by fertilising the ocean to stimulate biological productivity, would enhance ocean acidification in some areas while reducing it in others".…”

“…There are a few speculations in the literature (Wayman 2008;Freestone and Rayfuse 2008) that ocean iron fertilization could help to mitigate anthropogenic ocean acidification, a process referring to the increase in ocean acidity as a result of the ocean's absorption of anthropogenic CO 2 (Caldeira and Wickett 2003). Ocean acidification would affect marine organisms and ecosystems in a variety of ways (Raven et al 2005).…”

Biofixation of carbon dioxide (CO2) by microorganisms

“…It is suggested that ocean fertilization should be regulated to ensure precautions are taken in this practice (Orbach, 2008). Inconsistency of current international laws in this field is also recognized as a challenge (Freestone and Rayfuse, 2008).…”

Ocean iron fertilization: Why further research is needed

“…The reference to "global rules and standards" contained in this norm is generally understood as a reference to the Convention on the Even if iron filings introduced into the marine environment were not classified as "wastes", they would still be classified as "other matter". Since they will remain in the ocean, "disposal" appears to be occurring Freestone and Rayfuse, 2008). However, this alone does not lead to the conclusion that OIF constitutes "dumping".…”