OCEAN ACIDIFICATION. Interna0onal Forums and Strategies for Ac0on. Dean Bialek. Director UN, Climate Change and Natural Resources
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1 OCEAN ACIDIFICATION Interna0onal Forums and Strategies for Ac0on Dean Bialek Director UN, Climate Change and Natural Resources
2 OUTLINE Science and characteris0cs Relevant interna0onal forums Scope for legal ac0on / remedies UNCLOS dispute seglement ITLOS Advisory opinion Other interim strategies?
3 THE SCIENCE Global warming s equally evil twin (NOAA) Oceans have absorbed 30% of historical CO2 emissions Oceans already 30% more acidic (0.1 in ph) Impacts on plankton, corals, shellfish, molluscs and marine species metabolism and reproduc0on. Current trajectory: up to 150% more acidic by 2100 At 450ppm coral growth stops; at 550pm coral dissolves
4 THE SCIENCE: Impact on corals Source: Hare & Schaeffer, Ocean Acidifica0on: Causes and Consequences (Oct 10)
5 RELEVANT CHARACTERISTICS OF OA Growing scien0fic and policy forum interest LiGle public awareness / understanding Strong / direct connec0on b/w causes & impacts Involves slow- onset and long- term impacts. Mul0ple impacts for SIDS, par0cularly atoll na0ons: Corals (including loss of tourism) Fisheries, incl. shellfish and marine food web Physical / structural degrada>on
6 MAIN INTERNATIONAL FORUMS UN Framework Conven0on on Climate Change - IPCC, UNFCCC (1992) and the Kyoto Protocol (1997) UN Conven0on on Biological Diversity (1992) The UN Conven0on on the Law of the Sea (1982) Interna0onal courts and tribunals
7 UNFCCC (1992) prevent dangerous anthropogenic interference in the climate system = Atmosphere, hydropshere, biosphere, geosphere Art. 1: addresses sources and sinks Could ph levels become a relevant metric for assessing dangerous interference?
8 Conven0on on Biological Diversity (1992) 1. Objec0ves: conserva0on, sustainable use and equitable sharing of benefits 2. PoW on marine and coastal biodiversity COP10 (Nagoya): OA a new and emerging issue Establish joint expert review process to monitor and assess, transmit results to UNFCCC (Decision X/29) Joint expert mee0ng, Aberdeen (24-25 September).
9 UNCLOS (1982) 1. Arts. 192 & 194: shall prevent, control and reduce marine pollu0on (general no harm principle) 2. Obliga0ons of specific conduct (Arts ) Monitor risks, assess poten0al effects (Art 204); Adopt laws to prevent, control and reduce pollu0on (Art 207) Art 212 applies these obliga0ons to pollu0on introduced from or through the atmosphere.
10 UNCLOS (1982) 3. Responsibility, liability and compensa0on (Art. 235) States are responsible to fulfil interna0onal obliga0ons and liable under interna0onal law Shall ensure recourse available to domes0c system for prompt & adequate compensa0on or other relief for damage Shall develop interna0onal regimes to prevent, assess and compensate for damage, e.g. compulsory insurance or compensa0on funds
11 INTERNATIONAL LITIGATION For conten>ous ac>on, need to: Have claimant states: most harm to atoll states Iden0fy responsible states: historical emissions Iden0fy relevant legal principles Determine available forums with jurisdic0on Demonstrate harm / damage Demonstrate causal link b/w ac0vity and damage Remedy sought: cease or reduce emissions ; compensa0on for damage; resources to adapt.
12 UNCLOS DISPUTE SETTLEMENT Three major advantages: 1. Clear treaty obliga0ons: avoid sole reliance on customary principles as basis of claim 2. Direct and clear scien0fic link between the subject mager of the instrument (UNCLOS), the harmful ac0vity, and the impacts in ques0on 3. Dispute seglement provisions (Part XV) cover all major emigers (except US) and impacted states Art 281: Agreement / overlap in choice of forum by emigers and affected states Annex VII arbitra0on is the likely default.
13 INTERNATIONAL LEGAL OPTIONS Legal and diploma0c considera0ons on OA Vulnerable States (atoll, fisheries, tourism) sensi>ve to impacts for bilateral / regional / mul>lateral rela>ons Resource- intensive (legal, scien>fic, etc) Causal link; appor>on blame; joint and several liability Judicial conserva>sm ITLOS beper? Other possible approaches?
14 ITLOS ADVISORY OPINION Non- confronta0onal Clarify relevant legal principles see Nauru / ISA reference to ITLOS Seabed Chamber New impetus to interna0onal nego0a0ons Scare factor Lay groundwork for legal ac0on in future
15 ITLOS ADVISORY OPINION Procedurally (Annex VI, Art.21 / Rule 138): must be an interna0onal agreement related to the purposes of UNCLOS provide specifically for referral of advisory opinion to ITLOS must involve ques0on of a legal nature
16 Other strategies / policy issues Avoid fragmenta0on of scien0fic effort need consensus through IPCC AR5 Follow CBD expert review process Assess socio- economic impacts e.g. Stern review for the oceans Poli0cal ini0a0ves e.g. CTI, a new Manado Develop sos law: GA resolu0ons Incorporate into UNFCCC loss and damage
17 Thank you.
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