https://brill.com/view/book/edcoll/9789004422438/BP000014.xml

Extract

This chapter explores one such activity, geoengineering scientific
research, and examines the recent and emerging regime at both the
international and the regional levels designed to regulate this
controversial use of the ocean commons. It will focus on the law of the sea
as developed under both the 1982 United Nations Convention on the Law of
the Sea (unclos)4 and the 1996 Protocol5 to the 1972 London Convention6 as
it relates to regulating geoengineering marine scientific research. In
particular, this chapter will highlight the various underlying tensions
associated with managing geoengineering as a scientific research issue. In
light of the location of a number of geoengineering experiments in the
Southern Ocean, and the fact that this region accounts for 40 percent of
the global uptake of anthropogenic carbon dioxide,7 this paper will also
examine the controls of scientific research developed under the 1959
Antarctic Treaty8 and the 1991 Environmental Protocol to the Antarctic
Treaty.9 This chapter will critique the efficacy of the evolving regulatory
framework for geoengineering research and assess its fitness for purpose in
light of the risks this activity poses. It will conclude with some
observations on the relationship between the geoengineering msr regime and
the bbnj Agreement.

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