Oceans and Climate Change: Synergy and Conflict in International Law

Abstract

The science is clear that climate change has profound impacts on oceans and vice versa. The Intergovernmental Panel on Climate Change (IPCC) states that climate change is projected to cause ocean warming and ocean acidification, among others. At the same time, oceans have the potential to contribute greatly to adaptation and mitigation efforts that will allow us to achieve the goals of the Paris Agreement. From the implementation of marine protected areas to the more controversial ocean fertilisation efforts, the global ocean, which covers 71% of the Earth’s surface, has the potential to play a major role in climate action. Despite these strong linkages, the development of international law on oceans and climate change has been relatively slow. It was only in recent years that the United Nations Framework Convention on Climate Change (UNFCCC) has dedicated a workstream for oceans through the Ocean Pathway, an initiative which paved the way for the Ocean Dialogue, a recurring process with the purpose of strengthening ocean-based action. As these various environmental agreements come up with new policies and mandates, instances of legal conflict cannot be avoided. This paper will take an in-depth study of the current international legal frameworks governing oceans and climate change to determine where opportunities for synergy can be optimised and conflicts can be resolved by examining two cases of legal overlap.