Experts are exploring how the UN Convention on the Law of the Sea (UNCLOS) could help manage the impact of climate change on our oceans. Since 1880, global sea levels have increased by about eight to nine inches, and this rise is accelerating. If current carbon emissions continue, projections suggest that by 2050, sea-level rise could endanger the lives of around 300 million people.
Another pressing issue linked to climate change is ocean acidification, often referred to as “climate change’s evil twin.” This occurs when oceans absorb excess carbon dioxide from the atmosphere, leading to increased acidity. This shift can harm shellfish, crustaceans, and coral by eroding their calcium-based structures. The consequences can devastate marine ecosystems and threaten fishing industries.
Scholars and policymakers are seeking effective strategies to combat these challenges. They believe that UNCLOS can play a pivotal role. Often called the “constitution for the ocean,” UNCLOS provides guidelines for managing oceanic resources and their uses. Although it doesn’t specifically mention climate change, its articles can be interpreted to protect marine environments against climate-related threats.
The most relevant section is Part XII, which focuses on the preservation of the marine environment. It mandates that nations protect fragile ecosystems and reduce ocean pollution. However, there are limitations. Currently, the definition of pollution in Part XII does not include greenhouse gas emissions. This gap makes it hard to enforce regulations regarding climate change using UNCLOS.
Some experts argue that it’s essential for UNCLOS to evolve. For instance, Rachel Wam suggests that the convention should be interpreted to classify greenhouse gas emissions as a form of marine pollution. By doing so, countries could be held accountable for actions that worsen climate change. If courts found states liable, they could be ordered to contribute to a compensation fund for affected nations.
Others, such as Sunil Kumar Agarwal and Kamlesh Agnihotri, contend that existing language in UNCLOS regarding marine environmental protection can address climate change. They advocate for a more proactive approach by the UN and its member states to ensure that climate change is treated seriously under UNCLOS. This will help tackle the issues of rising sea levels effectively.
Yuncheng Deng and his team believe that a recent advisory opinion from the International Tribunal on the Law of the Sea (ITLOS) confirms that human-induced carbon dioxide is a pollutant. They suggest that this opinion, while not legally binding, opens avenues for future regulations regarding climate impacts on oceans.
Lastly, as international efforts gear up to tackle plastic pollution, Elizabeth Mendenhall argues for grounding future treaties in UNCLOS. The convention presently serves as the only global framework to guide the prevention of marine plastic debris, highlighting its ongoing relevance in environmental law.
In summary, there’s a collective belief among experts that UNCLOS has the potential to help regulate the effects of climate change on our oceans. While there are both opportunities and challenges, many feel that leveraging this framework is crucial for the future health of marine environments.
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climate,climate change mitigation,international,ocean regulation
