Protecting the marine environment from the impacts of climate change: A regime interaction study

Abstract

As the oceans are heavily impacted by climate change, effective regulatory responses are needed to mitigate, as well as to adapt to, these adverse effects. Problematically, however, neither the international climate change regime nor the international law of the sea specifically addresses the adverse effects of climate change on the oceans. This article analyses the interactions between these regimes, seeking to illuminate how Part XII of the United Nations Convention on the Law of the Sea (UNCLOS) on the protection and preservation of the marine environment ought to be interpreted in light of the Paris Agreement. As such, the limits of UNCLOS' capacity to grow and evolve as a ‘living instrument’ are explored. The article finds that the standard of conduct set by Part XII is informed by the Paris Agreement and the due diligence obligation that flows from it, which functions as a minimum threshold. States are, additionally, required to take measures that are specifically designed to protect the marine environment from the adverse effects of climate change and pollution from carbon dioxide.