Navigating the Waves of Change: A Comprehensive Study on the Governance Pathways of the Law of the Sea in Response to Climate Change

Abstract

The ocean plays a crucial role in regulating the Earth’s climate system, yet its value is often underestimated in the United Nations Framework Convention on Climate Change. This study analyzes the effectiveness of the United Nations Convention on the Law of the Sea in addressing climate change. Specifically, we examine the Convention’s ability to mitigate and adapt to climate change, and identify areas where it falls short, such as inadequate regulation of sea level rise, ocean acidification, and ocean fertilization. To achieve this, we incorporate climate change factors into our analysis and maintain a clear and logical structure throughout the study. Based on this, proposals for governance paths from the perspective of the United Nations Convention on the Law of the Sea include establishing a unified institution for climate change and ocean governance to coordinate international collaboration and reinterpreting the United Nations Convention on the Law of the Sea by the Paris Agreement. The content should be adapted flexibly to current climate change challenges, and provisions related to sea level rise and maritime boundaries should be reinterpreted to fill legal gaps. In addition, it is important to establish coordinated regulatory rules and framework agreements to address the issues of ocean fertilization and ocean acidification. Finally, to remedy the shortcomings in proving causation, scientific theories, and due diligence obligations should be attributed. Through these measures, effective ocean law governance paths that address climate change can be explored.

Presenters

Wanping Zeng
Postdoc, Department of Atmospheric and Oceanic Sciences, Fudan University, Shanghai, China

Details

Presentation Type

Paper Presentation in a Themed Session

Theme

Technical, Political, and Social Responses

KEYWORDS

Unclos; Climate Change; Governance pathways; Marine environmental protection