Sorry for the confusion, should have specified that it was Greg's comments
that rankled me :) wil

On Saturday, October 19, 2013, Ken Caldeira wrote:

> 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] <javascript:_e({}, 'cvml',
> '[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]<javascript:_e({}, 'cvml', 
> '[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] <javascript:_e({}, 'cvml', '[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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>
>

-- 
Dr. 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

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