Implications of Current Developments in International Liability for the Practice of Marine Geo-engineering Activities

Abstract

Ocean fertilization was first introduced as a carbon dioxide mitigation technique in the 1980s. However, its effectiveness to slow down climate change is uncertain and it is expected to damage the marine environment. Consequently, international law, including the London Convention/Protocol and the Convention on Biological Diversity, limits this activity to scientific research purposes. The applicability and scope of existing treaties for regulating this activity have been reviewed within international legal systems, in particular within the London Protocol. The establishment of a liability regime with respect to these activities has also been raised during a discussion on regulation of ocean fertilization under the London Protocol. One of the key purposes of the liability regime could be to make ocean users more cautious when exploring and exploiting the oceans through charging cleaning costs or imposing compensation for damage. This paper aims to identify such a preventative effect of the international liability regime, in particular, state liability.