Ocean Acidification and the UNFCCC: Finding Legal Clarity in the Twilight Zone

Ocean acidification—the rise in ocean acidity due primarily to the absorption of carbon dioxide (CO2) from the atmosphere—is often thought of as a consequence of climate change; however, it is a separate, albeit very closely related, problem. Despite their common driver, the processes and impacts of ocean acidification and climate change are distinct and it should not be assumed that policies intended to alleviate climate change will simultaneously benefit the oceans. Indeed, some proposed climate change policy interventions, such as geoengineering schemes or the reduction of non-CO2 greenhouse gases, either do nothing to alleviate increasing ocean acidification or have the potential to exacerbate it. Ultimately, climate change and ocean acidification are two manifestations of the one problem, anthropogenic carbon dioxide emissions, and it is only with its reduction that the most serious impacts of both phenomena can be avoided. Therefore, any efforts to regulate these emissions should consider both climate change and ocean acidification. However, such attempts raise questions about the ability to incorporate ocean acidification into existing environmental treaties due to limitations in their mandates. This is particularly pertinent to the workings of the United Nations Framework Convention on Climate Change (UNFCCC, also referred to as the Convention), as it is widely recognized as the preeminent regime tasked with the stabilization of greenhouse gases in the atmosphere, including carbon dioxide. Applying the basic principles of treaty interpretation, as per the Vienna Convention on the Law of Treaties, I contend that ocean acidification can be included in the workings of the UNFCCC and that it is justifiable within the scope of the treaty’s mandate to do so. While it may be pragmatic for the UNFCCC to consider ocean acidification in its efforts to reduce carbon dioxide, this has, to date, not occurred in any meaningful way. The only mention of the phenomena in any of the outcome documents of the Conference of the Parties (COP) is within a footnote of the 2010 Cancun Agreements. Rachel Baird and colleagues suggest that this apparent dearth of policy making can be attributed to the structural limitations of the UNFCCC which render it “incapable of adequately addressing ocean acidification.” Rakhuyn Kim concludes that, due to limitations in the Convention’s mandate, future incorporation of this issue would be a difficult task at best. However, it is the contention of this paper that these interpretations present a very narrow and static reading of the Convention, one that does not accurately reflect the “ordinary meaning” of the text nor its “purpose,” crucial elements in interpreting a treaty, as set forth by the Vienna Convention on the Law of Treaties. Indeed, Heidi Lamirande suggests that “[t]he UNFCCC should be read as a document that changes according to the surrounding environmental circumstances, not as a document stuck in time.” In addition, others within the academic and policy communities appear to interpret the mandate of the UNFCCC as being broad enough to read-in ocean acidification

Toward an Intergovernmental Transparency Arrangement for Fossil Fuel Production

To achieve the Paris Agreement’s temperature goals, a managed decline of fossil fuel production is necessary. Heeding this message, there are growing calls for an international governance framework to facilitate cooperation on winding down fossil fuel production. Promoting transparency is of major importance for international cooperation on winding down fossil fuel production effectively and equitably. Specifically, to align fossil fuel production with climate change goals, a better understanding of global trends in current and planned production is required. However, at present such information is incomplete, inconsistent, and scattered across a range of transparency initiatives, and much of this information is reported or collected largely on a voluntary basis. This article therefore explores how an intergovernmental transparency arrangement could be designed, drawing on examples of intergovernmental transparency arrangements in various areas of international law and governance. The article concludes that an intergovernmental transparency arrangement for fossil fuel production should: (1) allow for differentiation, but subject to minimum requirements; (2) provide capacity-building support for developing countries; (3) combine technical and peer review; (4) ensure that follow-up activities are linked to the outcome of the review process; and (5) provide for non-state actor participation

The Current Status of Deep-Sea Mining Governance at the International Seabed Authority

This article describes the current state of deep-sea mining governance in areas beyond national jurisdiction, providing an accessible overview of the structure and functioning of the International Seabed Authority (ISA), as well as some background information on the different instruments developed by the ISA for deep-sea mining regulation, control and management. In particular, the article focuses on the way environmental considerations are currently being discussed and negotiated under the Draft Exploitation Regulations. Given that there are no official records kept of ISA meetings, this article thereby also provides an overview of a body of information that is difficult to access

The current status of deep-sea mining governance at the International Seabed Authority

This article describes the current state of deep-sea mining governance in areas beyond national jurisdiction, providing an accessible overview of the structure and functioning of the International Seabed Authority (ISA), as well as some background information on the different instruments developed by the ISA for deep-sea mining regulation, control and management. In particular, the article focuses on the way environmental considerations are currently being discussed and negotiated under the Draft Exploitation Regulations. Given that there are no official records kept of ISA meetings, this article thereby also provides an overview of a body of information that is difficult to access

Climate transparency's unmet promises: A necessary stocktaking

'First paragraph' The launch of the Paris Agreement’s enhanced transparency framework (ETF) in 2024 has been heralded with much fanfare. At the latest meeting of the Conference of the Parties (COP) to the United Nations Framework Convention on Climate Change (UNFCCC) in Baku, Azerbaijan, slogans calling for all countries to engage in a timely manner with the ETF were plastered all over the venue

Introduction to carbon dioxide sequestration–based cementitious construction materials

This chapter briefly reviews important issues that justify the importance of carbon dioxide sequestration. It includes carbon dioxide emissions and projections, global warming consequences namely extreme weather events, ocean acidification, sea level rise, economic losses, the increase of vector-borne illnesses, or even the revival of long dormant deadly bacteria and viruses. Comments about the Conference of parties are made with a special attention for the China situation. Comments are also made about the shortcomings of market-based instruments to try to reduce carbon dioxide emissions. A book outline is also included.(undefined)info:eu-repo/semantics/publishedVersio

Distinctive features of spatial planning nearby estuaries – an exploratory analysis of water-related rules in municipal master plans in Portugal

Land-use types and related intensities are often associated with pressures and disturbances on estuarine envi- ronmental values and ecosystem services provided by water. Although with varied legal frameworks across countries, broadly, spatial planning has been expected to contribute to the protection of environmentally sen- sitive areas, such as estuaries. Among the various planning tools are the plan’s land-use control rules. This article studies the incorporation of water-related terms in the regulations of municipal master plans to assess if land-use rules established on estuarine areas are significantly different from others, such as in upstream areas. It does so by developing a content analysis of a set of plans’ regulations located in estuarine and upstream areas of two river basins of Mainland Portugal. The results show greater incorporation of water-related terms in plans’ reg- ulations located in estuarine areas. Moreover, they show a greater diversity of water-related topics, types, and focus of rules on estuarine areas, whereas on upstream areas the regulatory approaches look poorer. Although the incorporation of water-related terms is globally higher in younger plans, and to a certain extent, in more arti- ficialized and dense territories, a clear distinctiveness of water-related concerns in land-use regulations of municipal plans on estuarine areas remains visible. Surprisingly, the results bring to the fore fragilities of land- use regulations on upstream areas worthy of attention in future studies. The methodology used for content analysis disclosed a valuable path for future research as it is easily expandable to take into consideration different land-uses or to be applied to different regions, to further refine if the distinctive features are explicitly related with estuarine areas or with other types of water problems.publishe

Ocean-based climate action and human rights implications under the international climate change regime

After drawing attention to the crucial role of marine biodiversity, including that of deep-sea ecosystems, in current scientific understanding of the ocean-climate nexus, this article highlights the limited extent to which the international climate change regime has so far addressed the ocean. The focus then shifts to how the international climate change regime could contribute to the protection of marine biodiversity as part of mitigation, adaptation and finance, taking into account human rights impacts and standards, drawing a comparison with REDD+. The article concludes with an original proposal, inspired by the Climate and Clean Air Coalition, to develop urgent, synergistic approaches to ocean- and human rights-based climate action through a multi-actor coalition, including different international treaties and United Nations bodies, to ‘protect and restore the ocean’s contributions to climate regulation, human well-being and planetary health’

Engaging the corporate sector in climate-sensitive peacebuilding in Africa

Corporations have moral responsibilities, legal obligations and opportunities to assist in the prevention and resolution of armed conflicts occurring in societies where they operate. However, this area of research is under-theorised. This is certainly the case for regions vulnerable to the harsh impacts of global climate change as well as in many so-called 'resource conflicts', common in Africa, in which corporations' exploitation of natural resources often exacerbate and perpetuate vulnerabilities, animosities and violence. This Chapter examines the linkages between climate change, conflict and corporations in the African context, and the notion of 'climate-sensitive peacebuilding' (or 'climate-sensitive conflict transformation') is introduced. The concept here is defined as an integrated approach to mitigating and adapting to the effects of climate change, and helping prevent and resolve armed conflicts in vulnerable regions. A model for corporate engagement - at each stage and in every aspect of climate-sensitive conflict transformation - is presented. Despite the theoretical potential, the vision of widespread corporate contributions to climate-sensitive peacebuilding remains unrealised, however - due in part to deficient regulation of corporate conduct in conflict-affected areas that fails to encourage or compel such behaviour. The Chapter concludes with a critique of existing international legal and regulatory mechanisms, and suggests some proposals for concerned governments and civil society actors to help unlock the potential for corporate climate-sensitive peacebuilding