Gratuitous pokes at lawyers by members of this group aside, a couple of 
responses to observations made below:
 

   1. The Parties to the London Convention and its Protocol can't serve as 
   the "Planet Police" that could address the lion's share of CO2 emissions 
   even if they wanted to. The Convention is limited to cover the deliberate 
   disposal at sea of wastes or other matter from vessels, aircraft, and 
   platforms. The IMO has also begun to address carbon dioxide emissions from 
   vessels, which are a steadily growing source of emissions, so it's not like 
   it's standing idly aside;
   2. The approach taken by the Parties appears to be quite salutary. It, 
   at least for the time being, restricts OIF activities to scientific 
   research, and calls for the use of its extremely well thought out risk 
   assessment procedure, which includes provisions for input by potentially 
   affected stakeholders in other jurisdictions. At this incipient stage of 
   OIF research, this strikes me as reasonable governance approach for OIF 
   research, which will permit scientific assessment while ensuring meaningful 
   participation by interested parties. If the contempt that some members of 
   this list are expressing for this approach is based on their mistrust of 
   the IMO in this context, then who should be trusted to balance the 
   competing interests intrinsic to this kind of activity?

Wil Burns, Associate Director
Master of Science - Energy Policy & Climate Program 
Johns Hopkins University
1717 Massachusetts Avenue, NW
Room 104J
Washington, DC  20036
202.663.5976 (Office phone)
650.281.9126 (Mobile)
wbu...@jhu.edu
http://advanced.jhu.edu/academic/environmental/master-of-science-in-energy-policy-and-climate/index.html
 
SSRN site (selected publications): http://ssrn.com/author=240348

 
Skype ID: Wil.Burns

Teaching Climate/Energy Law & Policy Blog: http://www.teachingclimatelaw.org
 
On Friday, October 18, 2013 4:24:02 PM UTC-7, andrewjlockley wrote:

>
> http://www.maritime-executive.com/article/Marine-Geoengineering-to-be-Regulated-Under-Amendments-to-International-Treaty-2013-10-18/
>
> Marine Geoengineering to be Regulated Under Amendments to International 
> Treaty
>
> 35th Consultative Meeting of Contracting Parties to the Convention on the 
> Prevention of Marine Pollution by Dumping of Wastes and Other Matter, 1972 
> (London Convention) 8th meeting of Contracting Parties to the 1996 Protocol 
> thereto (London Protocol)
>
> BY MAREX
>
> Marine geoengineering, including ocean fertilization, will be regulated 
> under amendments to the 1996 Protocol to the international treaty which 
> regulates the dumping of wastes and other matter at sea.
>
>
> The amendments, adopted on Friday by Parties to the 1996 Protocol to the 
> Convention on the Prevention of Marine Pollution by Dumping of Wastes and 
> Other Matter, 1972, add a new article 6bis which states that “Contracting 
> Parties shall not allow the placement of matter into the sea from vessels, 
> aircraft, platforms or other man-made structures at sea for marine 
> geoengineering activities listed in Annex 4, unless the listing provides 
> that the activity or the sub-category of an activity may be authorized 
> under a permit”.
>
>
> Marine geoengineering is defined as “a deliberate intervention in the 
> marine environment to manipulate natural processes, including to counteract 
> anthropogenic climate change and/or its impacts, and that has the potential 
> to result in deleterious effects, especially where those effects may be 
> widespread, long-lasting or severe”.
>
>
> A new Annex 4 on “Marine geoengineering” lists “Ocean fertilization”, 
> defined as “any activity undertaken by humans with the principal intention 
> of stimulating primary productivity in the oceans.  Ocean fertilization 
> does not include conventional aquaculture, or mariculture, or the creation 
> of artificial reefs.”
>
>
> The Annex provides that all ocean fertilization activities other than 
> those referred to above shall not be permitted. An ocean fertilization 
> activity may only be considered for a permit if it is assessed as 
> constituting legitimate scientific research taking into account any 
> specific placement assessment framework.
>
>
> A new annex V adds the Assessment Framework for matter that may be 
> considered for placement under Annex 4. The Assessment framework provides 
> that Contracting Parties should consider any advice on proposals for 
> activities listed from independent international experts or an independent 
> international advisory group of experts.
>
>
> The amendments will enter into force 60 days after two thirds of the 
> Contracting Parties have deposited an instrument of acceptance of the 
> amendment with IMO. (The London Protocol currently has 43 Parties.)
>
>
> Mr. Stefan Micallef, Director, Marine Environment Division, International 
> Maritime Organization (IMO) commended the adoption of the amendment to 
> regulate the placement of matter for ocean fertilization and other marine 
> geoengineering activities. “This is a true testament to the fact that the 
> London Protocol continues to be among the most advanced international 
> regulatory instruments addressing human activities in the marine 
> environment and there is no doubt that this much-awaited amendment will be 
> appreciated by other international bodies. The amendment also reflects the 
> scientific-based approach of the London Convention and its 1996 Protocol,” 
> Mr. Micallef said. 
>
>
> Representatives of the Contracting Parties to the Convention on the 
> Prevention of Marine Pollution by Dumping of Wastes and Other Matter, 1972 
> (London Convention) and to the 1996 Protocol thereto (London Protocol), 
> were in London for their 35th/8th meeting, held from 14 to 18 October at 
> the Headquarters of IMO, which hosts the Office for the London Convention 
> and Protocol.
>
>
> The London Protocol prohibits the dumping of wastes and other matter at 
> sea except for those on a short permitted list, for which permits must be 
> sought.
>
>
> The adoption of amendments relating to marine geoengineering follows 
> discussion on the matter in previous LC/LP meetings. An agreement issued in 
> 2008 stated that ocean fertilization activities, other than legitimate 
> scientific research, should not be allowed. In 2010, the Parties approved 
> an “Assessment Framework for Scientific Research Involving Ocean 
> Fertilization.”  
>

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