Document Type

Article

Publication Date

2006

Keywords

Climate Change, Compliance, Dispute Settlement, Marine Environment, United Nations Convention on the Law of the Sea (UNCLOS)

Abstract

This article explores the connection between obligations to reduce greenhouse gas (GHG) emissions under the climate change regime and obligations to protect the marine environment under the United Nations Convention on the Law of the Sea (UNCLOS). Within the context of the state of the science on the links between climate change and the marine environment, the article considers whether the emission of greenhouse gases as a result of human activity constitutes a violation of various obligations under the UNCLOS. Having identified a number of possible violations, the article proceeds to consider the application of the binding dispute settlement process under the UNCLOS and the possibility of a successful claim.

Comments

This is a preprint manuscript of an article published by Taylor & Francis in the Journal of Ocean Development and International Law on February 24, 2007, available at https://doi.org/10.1080/00908320600800945.

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