Not an Intractable Challenge: Geoengineering MSR in ABNJ
Karen N. Scott
Abstract
This chapter examines the rules relating to marine scientific research as they apply to
marine geoengineering taking place in abnj. It will analyse the regime currently evolving under the 1996 London Protocol to the 1972 London (Dumping) Convention, which
has been developed to manage ocean fertilization scientific research in the context of
the regulation of marine scientific research under the 1982 United Nations Convention on the Law of the Sea (unclos). As the Southern Ocean has been the location
for several ocean fertilization experiments to date, the relevant rules under the 1991
Environmental Protocol to the 1959 Antarctic Treaty, particularly environmental impact assessments, will also be assessed. This chapter briefly assesses the relationship
between these regimes and the future Agreement under unclos on the conservation
and sustainable use of biodiversity and concludes that this Agreement—whatever the
outcome of the negotiations—will not operate as a panacea for managing activities
in abnj. With respect to geoengineering msr, the potential ‘solution’ to managing its
risks lies in supporting and implementing the existing regime.