Legal considerations relevant to research on ocean alkalinity enhancement

Abstract

This article examines the legal considerations relevant to ocean alkalinity enhancement (OAE) and provides some best-practice guidance for responsible (field) research on OAE. The article examines recent developments in international law in order to inform what may legally be required of researchers when planning and designing OAE research projects. To this end, the article acknowledges unavoidable differences in domestic legal systems but highlights the role of international law, especially as can be found in the London Convention and Protocol, in developing appropriate minimum rules and standards. The article notes that domestic legal systems may wish to account for such minimum international rules and standards when developing permitting conditions and laws for OAE research activities. Additionally, the article examines international agreements and customary international law that find general application to OAE research. This latter examination assists in the identification of areas where additional legal research may also be required. The article concludes by highlighting that it remains crucial for legal researchers to work with the scientific community and those from other disciplines to assist States in understanding the science-policy interface to develop a comprehensive legal framework for ocean-based carbon dioxide removal approaches. This will, in turn, guarantee that field research is carried out in a safe and responsible manner and in a manner that reduces the likelihood of adverse environmental and other consequences.