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Author: Till Markus

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Regulating Climate Engineering: Paradigmatic Aspects of the Regulation of Ocean Fertilization journal article

Till Markus, Harald Ginzky

Carbon & Climate Law Review, Volume 5 (2011), Issue 4, Page 477 - 490

Climate engineering – understood as the deliberate, large-scale and technology-based manipulation of the environment to counteract anthropogenic climate change – is currently under discussion as a promising option for policy makers to combat climate change. Most climate engineering techniques are in a status nascendi, i.e., their effectiveness has yet to be proven. Ocean fertilization, however, constitutes a special case of a climate engineering technology because its effects have been relatively well researched. Additionally, ocean fertilization has become subject to regulation under public international law under the London Convention and London Protocol. This article will assess to what extent legal concepts discussed, developed and adopted in the regulatory process under the London Convention and Protocol can provide useful ideas and concepts – and possibly even offer models – for the future regulation of other climate engineering technologies. After an introduction (I.), existing and emerging rules under the international law of the sea that govern ocean fertilization will be outlined (II.). Subsequently, to justify our paradigmatic considerations, similarities between ocean fertilization and other proposed climate engineering technologies will be identified. Based on this, paradigmatic aspects of the legal concepts and principles developed in the course of the regulation of ocean fertilization under the London Convention and Protocol will be discussed (III.). A summary and outlook complete this article (IV.).

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