Ocean Upwelling and International Law
![handle is hein.journals/ocdev43 and id is 379 raw text is: Ocean Development & International Law, 43:371-385, 2012 Routledge
Copyright @ Taylor & Francis Group, LLC
ISSN: 0090-8320 print / 1521-0642 online Taylor & Francis Group
DOI: 10.1080/00908320.2012.726843
Ocean Upwelling and International Law
ALEXANDER PROELSS
Institute of Environmental and Technology Law
University of Trier
Trier, Germany
CHANG HONG
Walther-Schticking-Institute for International Law
University of Kiel
Kiel, Germany
Ocean upwelling pipes are used to upwell nutrient-rich deeper waters in order to
fertilize the surface ocean. This article addresses whether international legal rules
exist governing the deployment of ocean pipes and which states are entitled to exercise
jurisdiction over these objects. Taking into account the need to avoid user conflicts and
unauthorized deployment of upwelling pipes in marine areas under the jurisdiction of
third states, the article advocates the development of nonbinding guidelines that would
implement the general terms of the United Nations Convention on the Law of the Sea.
Keywords marine scientific research, ocean fertilization, ocean upwelling pipes
Introduction
There is growing interest in using flap valve-operated ocean pipes to upwell nutrient-rich
deeper waters in order to fertilize the surface ocean.' Pumping up cold deep seawater into
less fertile waters at the surface (ocean upwelling) may result in a significant enhance-
ment of biological production, sequestration of atmospheric CO2, and lowering the sea
surface temperature.2 In this respect, ocean upwelling is one component of a portfolio of
controversial technologies summarized under the heading of climate engineering. These
technologies aim at contributing to the fulfillment of the objective of the UN Framework
Convention on Climate Change (UNFCCC) to achieve [...] stabilization of greenhouse
gas concentrations in the atmosphere at a level that would prevent dangerous anthropogenic
interference with the climate system3 by manipulating the global climate system either
through interventions in the global carbon cycle (carbon dioxide removal, CDR) or by
shielding solar radiation (solar radiation management, SRM).4
It has been suggested that artificial upwelling on a very large scale in areas of the ocean
where typhoons form could cool the surface just enough to prevent them, or at least reduce
their severity.5 The conceptual idea is that the enhancement of nutrients will, if and to the
extent to which the appropriate ocean environment is available,6 generate phytoplankton
Received 20 February 2012; accepted 20 May 2012.
Address correspondence to Alexander Proelss, Universititsring 15, D-54296 Trier, Germany.
E-mail: proelss@uni-trier.de
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