RE: [geo] Implications of Current Developments in International Liability for the Practice of Marine Geo-engineering Activities

2013-12-08 Thread Rau, Greg
From below - 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.

Then I'm really looking forward to those liability claims for ocean cleaning 
costs and damage compensation aimed at current, evil ocean users (i.e. us) 
who are dumping of CO2 into the ocean via the atmosphere. Focussing legal 
actions here would likely have a more beneficial effect on the ocean than the 
current flurry of legal activity to aimed at those of us interested in 
researching potentially useful marine conservation measures*.  Such 
unconventional conservation approaches now must be contemplated because of the 
catastrophic failure of the legal/policy community to pass and enforce laws 
aimed at reducing CO2 emissions. So I guess it's asking too much to expect a 
legal defense of alternative approaches to saving the ocean and the planet.

* e.g., http://www.nature.com/nclimate/journal/v2/n10/full/nclimate1555.html

Greg


From: geoengineering@googlegroups.com [geoengineering@googlegroups.com] on 
behalf of Andrew Lockley [andrew.lock...@gmail.com]
Sent: Sunday, December 08, 2013 2:01 AM
To: geoengineering
Subject: [geo] Implications of Current Developments in International Liability 
for the Practice of Marine Geo-engineering Activities


http://journals.cambridge.org/action/displayAbstract?fromPage=onlineaid=9083401

Asian Journal of International Law 2013
DOI: http://dx.doi.org/10.1017/S2044251313000283
Published online: 29 November 2013

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

Jung-Eun KIM

Korea Institute of Ocean Science and Technology, Republic of Korea
ocean...@kiost.acmailto:ocean...@kiost.ac

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.

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RE: [geo] Implications of Current Developments in International Liability for the Practice of Marine Geo-engineering Activities

2013-12-06 Thread French, Bruce
I realize that the group is generally focused on large-scale, chemical
applications in both the atmosphere and oceans as primary,
geoengineering solutions.  These are well-known contentious issues and
yet deserving of rigorous investigation and pilot testing.
Concurrently, if not this group, then another should apply such rigor to
investigating measures to exploit the fecundity of marine species.  This
biological aspect offers the universally-acceptable process to rapidly
increase nutrient cycling for increasing primary productivity in all
oceans and moving dissolved carbon into the marine biomass and deep
ocean sequestration.  Life is tenacious and robust.  Implementation of
strict ocean stock management policies, enforced by national navies,
coast guards, and marine agencies can facilitate a rapid response from
the ocean ecosystem to achieve many of the group's goals.  It may offer
a path of least resistance.

 

Many references exist on this topic that lay the framework for such a
global geoengineering program, as indicated in this example:

 

TEMPERATE MARINE RESERVES ENHANCE TARGETED BUT NOT UNTARGETED FISHES IN
MULTIPLE NO-TAKE MPAS 

Irene Tetreault1 and Richard F. Ambrose Ecological Applications, 17(8),
2007, pp. 2251-2267 (c) 2007 by the Ecological Society of America
Department of Environmental Health Sciences, University of California,
Los Angeles, California 90095-1772 USA 

Abstract. 

Although many papers report the effects of no-take marine protected
areas (MPAs or reserves), scientifically rigorous empirical studies are
rare, particularly for temperate reef fishes. We evaluated the responses
of fish populations to protection from fishing in reserves by comparing
densities and sizes inside and outside of five no-take reserves in
southern California, USA. Our results are robust because we compared
responses across multiple rocky-reef reserves in two different years and
controlled for possible site differences by (a) ensuring that habitat
characteristics were the same inside and outside reserves, and (b)
sampling species that are not targeted, which would not be expected to
have a direct response to fishing. We compared fish density and size and
calculated biomass and egg production across all five sites. Fishes
targeted by recreational and/or commercial fisheries consistently
exhibited increases in mean density (150%), size (30%), biomass (440%),
and egg production (730%) inside reserves. Reserve effects were greatest
for legal-sized targeted fishes: significantly greater densities were
found exclusively inside reserves for targeted species (580%), the
largest size classes existed only inside reserves, and mean biomass was
1000% higher. These responses were unlikely to have been caused by
habitat differences because there were no significant differences in
habitat characteristics between reserve and control locations. Densities
of non-targeted species did not differ between reserve and non-reserve
locations, further supporting the conclusions that differences in
targeted species between reserve and control locations were due to
harvesting rather than site-specific effects. Although MPAs cannot
replace traditional fisheries management, the concentration of increased
biomass and egg production is a unique MPA benefit that serves both
reserves and fisheries. Scientifically rigorous studies that include
multiple reserves, such as this study, are needed to inform management
and policy decisions.  

 

Again, I suggest to the group the concept of laying the oceans fallow at
something like 5 or 10-year regular cycles with limited, regulated,
intermittent harvest until the biomass has increased 5 fold (pre-1700
conditions).  Of course, commercial LSM facilities would be promoted and
supported by national governments regulating EEZs and the UN for
international waters.

 

Bruce

 

From: geoengineering@googlegroups.com
[mailto:geoengineering@googlegroups.com] On Behalf Of Stephen Salter
Sent: Friday, December 06, 2013 4:58 AM
To: geoengineering@googlegroups.com
Subject: Re: [geo] Implications of Current Developments in International
Liability for the Practice of Marine Geo-engineering Activities

 

Hi All

If something turned out to be a great way to extend bio-diversity,
increase food supplies and save lives should we sue people for not doing
it?

Stephen

Emeritus Professor of Engineering Design School of Engineering
University of Edinburgh Mayfield Road Edinburgh EH9 3JL Scotland
s.sal...@ed.ac.uk Tel +44 (0)131 650 5704 Cell 07795 203 195
WWW.see.ed.ac.uk/~shs

On 06/12/2013 02:09, Mike MacCracken wrote:

Interesting how seemingly confident the author is of potentially
adverse impacts of iron fertilization. How would the harm be identified
and proven? There are ways to work at determining if fertilization would
work, but how would the damage done be figured out in a convincing way?
Lots could be asserted, but what could be proven? Sure there are
differences, but does that make it