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2014 CCLR 82 (2014)
Marine Geo-Engineering: Legally Binding Regulation under the London Protocol

handle is hein.journals/cclr2014 and id is 92 raw text is: 82 1 Marine Geo-Engineering Marine Geo-Engineering: Legally Binding Regulation under the London Protocol Harald Ginzky and Robyn Frost* I. Introduction On 18 October 2013, the Contracting Parties to the 1996 Protocol to the Convention on the Prevention of Marine Pollution by Dumping of Wastes and oth er Matter, 19721 adopted by consensus amend ments to the Protocol to regulate marine geo engi neering. The amendments are a landmark for the international control of so called 'climate engineer ing' activities2 because, when they enter into force, they will be the first legally binding regulation of such activities in international law.3 The amend ments have two substantial parts. First, they regu late ocean fertilization activities by allowing only legitimate scientific research and prohibiting all other activities in this field. Second, they allow for the regulation of additional emerging marine geo engineering activities which have the potential to impact adversely on the marine environment.4 Since the amendments utilize interesting concep tual approaches, including innovations in interna tional law, they could provide a precedent for the Dr. Harald Ginzky, Umweltbundesamt (Federal Environment Agency), Germany; Robyn Frost, Principal Legal Officer, Office of International Law, Attorney-General's Department, Australia. For very helpful comments we thank Karma McLachlan, Depart- ment of the Environment, Australia, Frances Angaddi, Attorney- General's Department, Australia, Dr. Till Markus, University of Bremen, Germany, and Dr. Stefan Hain, Alfred-Wegener-Institute, Bremerhaven, Germany. All omissions and errors remain the full responsibility of the authors. 1 Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter(1 972) 'London Convention' http://www .imo.org/OurWork/Environment/LCLP /Documents/LC1972.pdf ac- cessed 10 October 2014; Protocol to the 1972 Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter (1996) 'London Protocol' <http://www.imo.org/OurWork/ Environment/LCLP/Documents/PROTOCOLAmended2006.pdf ac- cessed 10 October 2014. The London Protocol is a completely separate treaty to the London Convention. Between Contracting Parties to the London Protocol this treaty supersedes the London Convention; Protocol to the 1972 Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter 'London Protocol' (1996) Article 21 Nevertheless, the Scientific Groups and the Governing Bodies (ie, the Meetings of the Contracting Parties) of each treaty meet jointly in an approach they describe as two instruments, one family. Many of the Parties to the London Protocol also remain parties to the London Convention. regulation of other climate engineering technolo gies.5 After setting the scene (factual background, histo ry of the amendments) (II), the new amendments to the London Protocol are explained in detail (III), fol lowed by an analysis of their strengths and weak nesses (IV). The consequences of the amendments for the Contracting Parties to the London Conven tion6 and the relationship to previous decisions tak en by the Parties to the Convention on Biological Di versity are discussed (V and VI). Some of the factors which contributed to the adoption of the amend ments are considered (VII). These observations may provide a basis for undertaking an effective and suc cessful process for the development of internation al regulation in other fora. Finally, as yet to be re solved issues are outlined and conclusions stated (VIII). The opinions expressed are based on the ex periences of both authors who were involved in the development and negotiation of the amendments as members of the Australian and German delegations. 7 2 Harald Ginzky, Friederike Herrmann, Karin Kartschall, Wera Leujak, Kai Lipsis, Claudia Mader, Sylvia Schwerner, Georg Straube, Ceo-Engineering - effective climate protection or mega- lomania?(German Federal Environment Agency April 2011) <http://www.umweltbundesamt.de/en/publikationen/ geoengineering-effective-climate-protection>. 3 The amendments will enter into force after they are accepted by two-thirds of Contracting Parties. (London Protocol, Article 21). 4 Report of the 351h Consultative Meeting of Contracting Parties to the London Convention and 81h Meeting of Contracting Parties to the London Protocol (21 October 2013)LC 35/15, Section 4, Annex 4. The London Convention and London Protocol meeting reports and other documents can be accessed through IMODOCS on the website of the International Maritime Organization at https:// webaccounts.imo.org/Common/WebLogin.aspx?ReturnUrl-/2f, at the tab Meeting Documents, then London Convention/Protocol. 5 Till Markus and Harald Ginzky, Regulating Climate Engineering- Paradigmatic Aspects of the Regulation of Ocean Fertilization(4 Carbon & Climate Law Review 2011)477. 6 Concerning the relation of the London Convention to the London Protocol see note 1. 7 However, the views expressed in this article are the authors' own and should not be taken as representing the views of either the Governments of Australia or the Federal Republic of Germany. CCLR 212014

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