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1 Seattle J. Envtl. L. 1 (2011)

handle is hein.journals/sjel5 and id is 1 raw text is: A Tale of Two Carbon Sinks: Can Forest Carbon Management Serve as a Framework to Implement Ocean Iron Fertilization as a Climate Change Treaty Compliance Mechanism? Randall S. Abatet Any post-Kyoto climate change treaty regime must seek to fully en- gage the use of carbon sinks to complement emissions reduction measures in order to comply with the treaty's mandates. The Kyoto Protocol did not include avoided deforestation as a mechanism for earning emission reduction credits. However, reducing emissions from deforestation and degradation (REDD) quickly gained popu- larity as a viable climate change compliance strategy in the period immediately preceding the negotiations at the Fifteenth Conference of the Parties (COP 15) in Copenhagen in 2009. The Copenhagen Accord is replete with references to REDD as a focus for the inter- national community's progression toward a binding successor agreement to the Kyoto Protocol. Ocean iron fertilization (OlF) is an emerging and controversial strategy to promote climate change treaty compliance, and may be the next step in engaging the creative use of carbon sinks to fulfill carbon reduction mandates. Both REDD and OIF must overcome challenges such as developing effective monitoring techniques, en- suring the permanence of emission reductions, and avoiding leakage of such reductions. Like REDD, OIF could promote a global carbon trading market that may help ensure the success of a post-Kyoto climate change treaty. Unlike REDD, however, OIF is hampered by moral hazard and unintended consequences con- cerns associated with its techniques. In addition, to ensure effective regulation of the research and implementation of OIF projects, OIF must overcome significant international law governance challenges. tAssociate Professor of Law, Florida A&M University College of Law. The author presented an earlier version of this paper on a panel at the 2nd Yale-UNITAR Conference on Environmental Governance and Democracy at Yale Law School on September 18, 2010. The author gratefully acknowledges the assistance of Carla Nadal, Nick Claridge, Ani Garibyan, Elliott Jung, Betty Kuo, and Jessica Brunson in preparing this article.

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