Wil,

While I did take a gratuitous swipe at lawyers, I think the IMO is doing an
exemplary job on this issue.

I hope I didn't give the impression that I thought otherwise.

Best,

Ken


_______________
Ken Caldeira

Carnegie Institution for Science
Dept of Global Ecology
260 Panama Street, Stanford, CA 94305 USA
+1 650 704 7212 [email protected]
http://dge.stanford.edu/labs/caldeiralab
https://twitter.com/KenCaldeira



On Sat, Oct 19, 2013 at 9:24 PM, Wil Burns <[email protected]> wrote:

> Gratuitous pokes at lawyers by members of this group aside, a couple of
> responses to observations made below:
>
>
>    1. The Parties to the London Convention and its Protocol can't serve
>    as the "Planet Police" that could address the lion's share of CO2 emissions
>    even if they wanted to. The Convention is limited to cover the deliberate
>    disposal at sea of wastes or other matter from vessels, aircraft, and
>    platforms. The IMO has also begun to address carbon dioxide emissions from
>    vessels, which are a steadily growing source of emissions, so it's not like
>    it's standing idly aside;
>    2. The approach taken by the Parties appears to be quite salutary. It,
>    at least for the time being, restricts OIF activities to scientific
>    research, and calls for the use of its extremely well thought out risk
>    assessment procedure, which includes provisions for input by potentially
>    affected stakeholders in other jurisdictions. At this incipient stage of
>    OIF research, this strikes me as reasonable governance approach for OIF
>    research, which will permit scientific assessment while ensuring meaningful
>    participation by interested parties. If the contempt that some members of
>    this list are expressing for this approach is based on their mistrust of
>    the IMO in this context, then who should be trusted to balance the
>    competing interests intrinsic to this kind of activity?
>
> Wil Burns, Associate Director
> Master of Science - Energy Policy & Climate Program
> Johns Hopkins University
> 1717 Massachusetts Avenue, NW
> Room 104J
> Washington, DC  20036
> 202.663.5976 (Office phone)
> 650.281.9126 (Mobile)
> [email protected]
>
> http://advanced.jhu.edu/academic/environmental/master-of-science-in-energy-policy-and-climate/index.html
> SSRN site (selected publications): http://ssrn.com/author=240348
>
>
> Skype ID: Wil.Burns
>
> Teaching Climate/Energy Law & Policy Blog:
> http://www.teachingclimatelaw.org
>
> On Friday, October 18, 2013 4:24:02 PM UTC-7, andrewjlockley wrote:
>
>> http://www.maritime-executive.**com/article/Marine-**
>> Geoengineering-to-be-**Regulated-Under-Amendments-to-**
>> International-Treaty-2013-10-**18/<http://www.maritime-executive.com/article/Marine-Geoengineering-to-be-Regulated-Under-Amendments-to-International-Treaty-2013-10-18/>
>>
>> Marine Geoengineering to be Regulated Under Amendments to International
>> Treaty
>>
>> 35th Consultative Meeting of Contracting Parties to the Convention on the
>> Prevention of Marine Pollution by Dumping of Wastes and Other Matter, 1972
>> (London Convention) 8th meeting of Contracting Parties to the 1996 Protocol
>> thereto (London Protocol)
>>
>> BY MAREX
>>
>> Marine geoengineering, including ocean fertilization, will be regulated
>> under amendments to the 1996 Protocol to the international treaty which
>> regulates the dumping of wastes and other matter at sea.
>>
>>
>> The amendments, adopted on Friday by Parties to the 1996 Protocol to the
>> Convention on the Prevention of Marine Pollution by Dumping of Wastes and
>> Other Matter, 1972, add a new article 6bis which states that “Contracting
>> Parties shall not allow the placement of matter into the sea from vessels,
>> aircraft, platforms or other man-made structures at sea for marine
>> geoengineering activities listed in Annex 4, unless the listing provides
>> that the activity or the sub-category of an activity may be authorized
>> under a permit”.
>>
>>
>> Marine geoengineering is defined as “a deliberate intervention in the
>> marine environment to manipulate natural processes, including to counteract
>> anthropogenic climate change and/or its impacts, and that has the potential
>> to result in deleterious effects, especially where those effects may be
>> widespread, long-lasting or severe”.
>>
>>
>> A new Annex 4 on “Marine geoengineering” lists “Ocean fertilization”,
>> defined as “any activity undertaken by humans with the principal intention
>> of stimulating primary productivity in the oceans.  Ocean fertilization
>> does not include conventional aquaculture, or mariculture, or the creation
>> of artificial reefs.”
>>
>>
>> The Annex provides that all ocean fertilization activities other than
>> those referred to above shall not be permitted. An ocean fertilization
>> activity may only be considered for a permit if it is assessed as
>> constituting legitimate scientific research taking into account any
>> specific placement assessment framework.
>>
>>
>> A new annex V adds the Assessment Framework for matter that may be
>> considered for placement under Annex 4. The Assessment framework provides
>> that Contracting Parties should consider any advice on proposals for
>> activities listed from independent international experts or an independent
>> international advisory group of experts.
>>
>>
>> The amendments will enter into force 60 days after two thirds of the
>> Contracting Parties have deposited an instrument of acceptance of the
>> amendment with IMO. (The London Protocol currently has 43 Parties.)
>>
>>
>> Mr. Stefan Micallef, Director, Marine Environment Division, International
>> Maritime Organization (IMO) commended the adoption of the amendment to
>> regulate the placement of matter for ocean fertilization and other marine
>> geoengineering activities. “This is a true testament to the fact that the
>> London Protocol continues to be among the most advanced international
>> regulatory instruments addressing human activities in the marine
>> environment and there is no doubt that this much-awaited amendment will be
>> appreciated by other international bodies. The amendment also reflects the
>> scientific-based approach of the London Convention and its 1996 Protocol,”
>> Mr. Micallef said.
>>
>>
>> Representatives of the Contracting Parties to the Convention on the
>> Prevention of Marine Pollution by Dumping of Wastes and Other Matter, 1972
>> (London Convention) and to the 1996 Protocol thereto (London Protocol),
>> were in London for their 35th/8th meeting, held from 14 to 18 October at
>> the Headquarters of IMO, which hosts the Office for the London Convention
>> and Protocol.
>>
>>
>> The London Protocol prohibits the dumping of wastes and other matter at
>> sea except for those on a short permitted list, for which permits must be
>> sought.
>>
>>
>> The adoption of amendments relating to marine geoengineering follows
>> discussion on the matter in previous LC/LP meetings. An agreement issued in
>> 2008 stated that ocean fertilization activities, other than legitimate
>> scientific research, should not be allowed. In 2010, the Parties approved
>> an “Assessment Framework for Scientific Research Involving Ocean
>> Fertilization.”
>>
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