>From below - "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."

Then I'm really looking forward to those liability claims for ocean cleaning 
costs and damage compensation aimed at current, evil "ocean users" (i.e. us) 
who are dumping of CO2 into the ocean via the atmosphere. Focussing legal 
actions here would likely have a more beneficial effect on the ocean than the 
current flurry of legal activity to aimed at those of us interested in 
researching potentially useful marine conservation measures*.  Such 
unconventional conservation approaches now must be contemplated because of the 
catastrophic failure of the legal/policy community to pass and enforce laws 
aimed at reducing CO2 emissions. So I guess it's asking too much to expect a 
legal defense of alternative approaches to saving the ocean and the planet.

* e.g., http://www.nature.com/nclimate/journal/v2/n10/full/nclimate1555.html

Greg


From: geoengineering@googlegroups.com [geoengineering@googlegroups.com] on 
behalf of Andrew Lockley [andrew.lock...@gmail.com]
Sent: Sunday, December 08, 2013 2:01 AM
To: geoengineering
Subject: [geo] Implications of Current Developments in International Liability 
for the Practice of Marine Geo-engineering Activities


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<mailto: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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