http://journals.cambridge.org/action/displayAbstract?fromPage=online&aid=9083401

Asian Journal of International Law 2013
DOI: http://dx.doi.org/10.1017/S2044251313000283
Published online: 29 November 2013

Implications of Current Developments in International Liability for the
Practice of Marine Geo-engineering Activities

Jung-Eun KIM

Korea Institute of Ocean Science and Technology, Republic of Korea
ocean...@kiost.ac

Abstract

Ocean fertilization was first introduced as a carbon dioxide mitigation
technique in the 1980s. However, its effectiveness to slow down climate
change is uncertain and it is expected to damage the marine environment.
Consequently, international law, including the London Convention/Protocol
and the Convention on Biological Diversity, limits this activity to
scientific research purposes. The applicability and scope of existing
treaties for regulating this activity have been reviewed within
international legal systems, in particular within the London Protocol. The
establishment of a liability regime with respect to these activities has
also been raised during a discussion on regulation of ocean fertilization
under the London Protocol. One of the key purposes of the liability regime
could be to make ocean users more cautious when exploring and exploiting
the oceans through charging cleaning costs or imposing compensation for
damage. This paper aims to identify such a preventative effect of the
international liability regime, in particular, state liability.

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