9 Addressing the Marine Environmental Impacts of Climate Change and Ocean Acidification

Author(s):  
Harrison James

Chapter 9 addresses the impacts of climate change and ocean acidification on the marine environment and the extent to which international law has reacted to this emerging threat to the ecological integrity of the oceans. These issues are particularly challenging to regulate because of their wide-ranging causes and effects. This chapter, therefore, takes into account both how the global legal regime relating to climate change, including the United Nations Framework Convention on Climate Change and the Paris Agreement, has taken into account the oceans, as well as how sectoral treaties dealing with specific maritime activities have addressed climate change and ocean acidification within their normative framework. In this latter respect, the chapter focuses on the global regulation of carbon emissions from shipping and the way in which the international community has responded to proposed carbon sequestration activities at sea, including sub-seabed storage and geo-engineering.

2021 ◽  
Vol 23 (2-3) ◽  
pp. 158-167
Author(s):  
Agata Bator ◽  
Agnieszka Borek

Abstract On the ground that climate change poses a great threat to societies and economies, it became evident for policy makers that attention should be given to the problem of adaptation, i.e. adaptation measures should be undertaken to minimize the adverse impacts of climate change. As the debate on the adverse impacts of climate change advanced at international level, states are taking actions at national, regional and local levels. Along with the increase awareness regarding importance of adaptation, regulations designed to prepare states to strengthen their resilience to climate change, has been developed in climate change treaties. Paris Agreement seems to be the first global agreement which addresses adaptation as one of its key goals and links it with mitigation efforts. The purpose of this article is to discuss the most important regulations and programmes within the regime established by the Framework Convention and the Paris Agreement concerning adaptation to climate change.


2016 ◽  
Vol 64 (spe2) ◽  
pp. 117-136 ◽  
Author(s):  
Paulo Antunes Horta ◽  
Pablo Riul ◽  
Gilberto M. Amado Filho ◽  
Carlos Frederico D. Gurgel ◽  
Flávio Berchez ◽  
...  

Abstract Rhodolith beds are important marine benthic ecosystems, representing oases of high biodiversity among sedimentary seabed environments. They are found frequently and abundantly, acting as major carbonate 'factories' and playing a key role in the biogeochemical cycling of carbonates in the South Atlantic. Rhodoliths are under threat due to global change (mainly related to ocean acidification and global warming) and local stressors, such as fishing and coastal run-off. Here, we review different aspects of the biology of these organisms, highlighting the predicted effects of global change, considering the additional impact of local stressors. Ocean acidification (OA) represents a particular threat that can reduce calcification or even promote the decalcification of these bioengineers, thus increasing the eco-physiological imbalance between calcareous and fleshy algae. OA should be considered, but this together with extreme events such as heat waves and storms, as main stressors of these ecosystems at the present time, will worsen in the future, especially if possible interactions with local stressors like coastal pollution are taken into consideration. Thus, in Brazil there is a serious need for starting monitoring programs and promote innovative experimental infrastructure in order to improve our knowledge of these rich environments, optimize management efforts and enhance the needed conservation initiatives.


2018 ◽  
Vol 7 (2) ◽  
pp. 251-275 ◽  
Author(s):  
Benoit Mayer

AbstractThis article analyzes the international law obligations that arise in relation to nationally determined contributions (NDCs). It argues that distinct and concurrent obligations arise from two separate sources. On the one hand, treaty obligations arise under the Paris Agreement, which imposes an obligation of conduct on parties: they must take adequate measures towards the realization of the mitigation targets contained in their NDCs. On the other hand, communications such as NDCs may constitute unilateral declarations that also create legal obligations. These unilateral declarations impose obligations of various types, which may extend beyond mitigation. For example, they may specify measures of implementation or demand the achievement of a particular result. The potential ‘double-bindingness’ of NDCs should be a central consideration in the interpretation of international law obligations regarding climate change.


2016 ◽  
Vol 55 (4) ◽  
pp. 740-755 ◽  
Author(s):  
Cara A. Horowitz

The Paris Agreement sets forth a new international legal regime aimed at strengthening the global response to climate change. It was adopted in December 2015 at the annual gathering of parties to the United Nations Framework Convention on Climate Change. The Paris Agreement sits within and implements the Convention.


Author(s):  
Annalisa Savaresi

This chapter discusses how international law has responded to climate change, focusing on the challenges that have faced implementation of existing climate treaties, and on the suitability of the Paris Agreement to address these. Expectations of this new treaty could scarcely be greater: the Paris Agreement is meant to provide a framework to improve international cooperation on climate change, and to keep the world within the global mean temperature-change goal identified by scientists as safe. Yet, whether and how this important objective will be reached largely depends, on the one hand, on the supporting political will and, on the other, on the redesign of the international architecture for climate governance. This chapter specifically reflects on international law-making and on the approach to climate change governance embedded in the Paris Agreement, drawing inferences from the past, to make predictions on what the future may hold for international climate change law.


Author(s):  
Rajamani Lavanya ◽  
Werksman Jacob D

This chapter provides an overview of international regulatory efforts to address climate change. It focuses on the UN climate change regime, which comprises the 1992 UNFCCC (United Nations Framework Convention on Climate Change), the Kyoto Protocol, the Paris Agreement, and decisions of parties under these instruments. However, the universe of climate change law extends well beyond the UN climate change regime. There are rules and principles of general international law, such as the harm prevention principle, due diligence, and state responsibility, which apply to climate change. There are treaty regimes and institutions, including those addressing other areas of international environmental law or other fields of international law, which intersect with, complement, and function to implement the UN climate change regime. There are also a multiplicity of rules, regulations, and institutions at the regional, sub-regional, and national levels that directly or indirectly address climate change, many of which have been put in place in response to the UN treaties.


2020 ◽  
Vol 12 (3) ◽  
pp. 1203 ◽  
Author(s):  
Asako Iwami ◽  
Takanori Matsui ◽  
Michinori Kimura ◽  
Kenshi Baba ◽  
Mitsuru Tanaka

As the effects of climate change increase in severity, organizations across the world are attempting to measures to mitigate these effects. In accordance with the Paris Agreement of November 2015, wherein participating nations agreed to restrict the increase in global temperature below 2 °C, Japan has formulated guidelines on creating adaptation plans that can be implemented by local governments. A Climate Change Adaptive Information Platform was also launched to promote understanding and cooperation by sharing information on climate risks. However, the literature on this topic lacks information related to the organization of requirements and challenges faced by municipal administrative officials that formulate adaptation plans. To address these issues, we examined the four municipal forums hosted at Hosei University to encourage administrative needs for new technological ideas in areas such as climate modeling and impact assessment. We used text mining on the transcripts of the various workshops conducted in these forums and attempted to understand the changes in discussions and to extract issues related to the formulation process. The results showed that various topics, such as creating adaptation promotion systems, assessing the impacts of climate change, formulating adaptation plans, communicating with related organizations and stakeholders, developing human resources, and capacity building, were discussed, and a need for information, procedures, and assistance was identified for the formulation of feasible adaptation plans. This study is expected to provide a useful reference to stakeholders involved in framing adaptation plans to mitigate the effects of climate changes, particularly at the municipal level.


Climate Law ◽  
2011 ◽  
Vol 2 (3) ◽  
pp. 345-374 ◽  
Author(s):  
Maxine Burkett

It is plausible that the impacts of climate change will render certain nation-states uninhabitable before the close of the century. While this may be the fate of a small number of those nation-states most vulnerable to climate change, its implications for the evolution of statehood and international law in a “post-climate” regime is potentially seismic. I argue that to respond to the phenomenon of landless nationstates, international law could accommodate an entirely new category of international actors. I introduce the Nation Ex-Situ. Ex-situ nationhood is a status that allows for the continued existence of a sovereign state, afforded all of the rights and benefits of sovereignty amongst the family of states, in perpetuity. In practice this would require the creation of a government framework that could exercise authority over a diffuse people. I elaborate on earlier calls to use a political trusteeship system to provide the framework for an analogous structure. I seek to accomplish two quite different but intimately related tasks: first, to define and justify the recognition of deterritorialized nation-states, and, second, to explain the trusteeship arrangement that will undergird the ex-situ nation. In doing so, I introduce the notion of a post-climate era, in which the very structure of human systems—be they legal, economic, or socio-political—are irrevocably changed and ever-changing.


Author(s):  
Jane McAdam

This chapter examines the scope of existing international law to address ‘climate change-related displacement’, a term used to describe movement where the impacts of climate change affect mobility decisions in some way. It looks into the role of international refugee law, human rights law, and the law on statelessness in protecting people displaced by the impacts of climate change. The extent to which international law and international institutions respond to climate change-related movement and displacement depends upon: whether such movement is perceived as voluntary or forced; the nature of the trigger; whether international borders are crossed; the extent to which there are political incentives to characterize movement as linked to climate change or not; and whether movement is driven or aggravated by human factors, such as discrimination. The chapter also considers the extent to which existing principles on internal displacement provide normative and practical guidance.


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