https://www.elgaronline.com/view/edcoll/9781788112222/9781788112222.00033.xml

Chapter 24: Marine geoengineering governance and the importance of
compatibility with the law of the sea
Kerryn Brent
Abstract
Marine geoengineering refers to proposals to counteract climate change by
enhancing the ocean’s capacity to sequester carbon dioxide, or by
reflecting a percentage of sunlight away from the Earth to produce a
regional or global cooling effect. Prominent examples include ocean
fertilization and marine cloud brightening. International law needs to be
further developed to meet the governance challenges posed by marine
geoengineering. This chapter considers the extent to which UNLCOS may
influence the development of new international law rules for marine
geoengineering. UNCLOS provides states with obligations of consistency that
limit the extent to which states can derogate from their obligations under
UNCLOS through subsequent agreements. Consequently, states must ensure that
any new international law rules for marine geoengineering are compatible
with the object and purpose of UNCLOS. Incompatible rules could result in a
breach of treaty obligations and have the potential to complicate and delay
negotiations.

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