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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