The Role of Maritime Law in Addressing Ocean Acidification: Protecting Marine Ecosystems and Fisheries
Ocean acidification is a growing concern for the global community, as it poses significant threats to marine ecosystems, biodiversity, and the livelihoods of millions who depend on fisheries. This dissertation explores the critical role that maritime law plays in addressing ocean acidification and protecting marine ecosystems and fisheries. By examining the current legal framework, recent developments, and potential solutions, this work aims to contribute to the ongoing discourse on mitigating the impacts of ocean acidification.
The Science of Ocean Acidification
Ocean acidification is the process by which the ocean’s pH decreases due to the absorption of excess atmospheric carbon dioxide (CO2) (Doney et al., 2020). As human activities, such as fossil fuel combustion and deforestation, release more CO2 into the atmosphere, the ocean absorbs approximately 30% of this excess CO2 (IPCC, 2019). When CO2 dissolves in seawater, it undergoes a series of chemical reactions that increase the concentration of hydrogen ions (H+), thus lowering the ocean’s pH (Gattuso & Hansson, 2021).
The consequences of ocean acidification are far-reaching and detrimental to marine life. As the ocean becomes more acidic, many marine organisms, particularly those with calcium carbonate shells or skeletons, such as corals, mollusks, and some plankton species, struggle to build and maintain their structures (Kroeker et al., 2013). This vulnerability can lead to reduced growth, survival, and reproduction rates, ultimately affecting the entire marine food web (Fabricius et al., 2014).
Moreover, ocean acidification can have significant impacts on commercially important fisheries. Many fish species rely on calcifying organisms for food or habitat, and the decline of these organisms can lead to reduced fish populations and catches (Lam et al., 2014). A study by Seung et al. (2020) estimated that ocean acidification could cause a 10-30% reduction in the global fisheries catch by 2100, with severe socio-economic consequences for coastal communities and the global food supply.
The Legal Framework for Addressing Ocean Acidification
International law provides the foundation for addressing ocean acidification and protecting marine ecosystems and fisheries. The United Nations Convention on the Law of the Sea (UNCLOS), often regarded as the “constitution for the oceans,” sets out the legal framework for all activities in the oceans and seas (United Nations, 1982). While UNCLOS does not explicitly mention ocean acidification, several of its provisions are relevant to this issue.
Article 194 of UNCLOS requires States to take all necessary measures to prevent, reduce, and control pollution of the marine environment from any source. This provision can be interpreted to include the obligation to address ocean acidification, as CO2 emissions can be considered a form of marine pollution (Kim, 2019). Additionally, Article 192 imposes a general obligation on States to protect and preserve the marine environment, which encompasses the duty to mitigate the impacts of ocean acidification.
The United Nations Framework Convention on Climate Change (UNFCCC) and the Paris Agreement also play a crucial role in addressing ocean acidification. The UNFCCC aims to stabilize greenhouse gas concentrations in the atmosphere at a level that would prevent dangerous anthropogenic interference with the climate system (United Nations, 1992). The Paris Agreement, adopted in 2015, sets out a global framework to limit global warming to well below 2°C above pre-industrial levels and to pursue efforts to limit the increase to 1.5°C (United Nations, 2015). By reducing CO2 emissions, these instruments contribute to mitigating ocean acidification.
Regional and national legal frameworks also play a vital role in addressing ocean acidification. For example, the European Union’s Marine Strategy Framework Directive (MSFD) requires Member States to achieve Good Environmental Status (GES) in their marine waters by 2020, which includes the management of ocean acidification (European Union, 2008). The United States’ Federal Ocean Acidification Research and Monitoring (FOARAM) Act of 2009 establishes an interagency working group to coordinate and oversee ocean acidification research and monitoring efforts (United States, 2009).
Protecting Marine Ecosystems and Fisheries
Maritime law provides various tools to protect marine ecosystems and fisheries from the impacts of ocean acidification. One such tool is the designation of marine protected areas (MPAs). MPAs are areas of the ocean set aside for conservation purposes, where human activities are restricted or prohibited (Grorud-Colvert et al., 2021). By reducing local stressors, such as overfishing and pollution, MPAs can enhance the resilience of marine ecosystems to ocean acidification (Roberts et al., 2017).
Another important tool is the regulation of fishing activities. Fisheries management measures, such as catch limits, gear restrictions, and seasonal closures, can help maintain healthy fish populations and reduce the pressure on marine ecosystems affected by ocean acidification (Cheung et al., 2018). Ecosystem-based fisheries management (EBFM) approaches, which consider the interactions between fished species, their habitats, and the broader ecosystem, can further contribute to the resilience of marine systems (Essington et al., 2016).
Maritime law also plays a role in promoting the development and implementation of adaptation strategies for coastal communities and fisheries dependent on resources vulnerable to ocean acidification. For example, the diversification of livelihoods, the development of alternative income sources, and the adoption of climate-resilient fishing practices can help reduce the socio-economic impacts of ocean acidification (Blasiak et al., 2017).
Challenges and Opportunities
Addressing ocean acidification through maritime law faces several challenges. One of the main challenges is the need for stronger political will and international cooperation to reduce CO2 emissions and mitigate the impacts of ocean acidification (Gallo et al., 2019). The implementation and enforcement of existing legal instruments, such as UNCLOS and the Paris Agreement, require strengthened commitments and actions from States.
Another challenge is the need for improved scientific understanding of ocean acidification and its impacts on marine ecosystems and fisheries. While significant progress has been made in recent years, gaps in knowledge still exist, particularly regarding the long-term effects and the adaptive capacity of marine organisms (Riebesell & Gattuso, 2015). Addressing these knowledge gaps is crucial for developing effective legal and policy responses.
Despite these challenges, there are also opportunities for strengthening the role of maritime law in addressing ocean acidification. One such opportunity is the integration of ocean acidification into existing legal and policy frameworks, such as the United Nations 2030 Agenda for Sustainable Development and the Post-2020 Global Biodiversity Framework (Claudet et al., 2020). By explicitly recognizing the importance of addressing ocean acidification, these instruments can provide additional impetus for action.
Another opportunity lies in the development of new legal instruments specifically targeting ocean acidification. For example, the international community could consider negotiating a new agreement or protocol under UNCLOS to address ocean acidification, similar to the 1994 Agreement relating to the Implementation of Part XI of UNCLOS (Kim, 2021). Such an instrument could provide a comprehensive framework for addressing ocean acidification, including specific obligations and mechanisms for implementation and compliance.
Conclusion
Ocean acidification poses a significant threat to marine ecosystems, fisheries, and the livelihoods of coastal communities worldwide. Maritime law plays a crucial role in addressing this global challenge by providing the legal framework for protecting marine environments, regulating human activities, and promoting international cooperation. While challenges remain, there are also opportunities for strengthening the role of maritime law in mitigating the impacts of ocean acidification.
To effectively address ocean acidification, States must strengthen their commitments to reducing CO2 emissions, implement existing legal instruments, and support the development of new legal and policy tools. Moreover, integrating ocean acidification into broader sustainable development and biodiversity conservation efforts can provide additional impetus for action.
As the international community continues to grapple with the impacts of ocean acidification, maritime law will remain a critical tool for protecting marine ecosystems and fisheries. By working together to develop and implement effective legal and policy responses, we can help ensure the health and resilience of our oceans for generations to come.
References
Blasiak, R., Spijkers, J., Tokunaga, K., Pittman, J., Yagi, N., & Österblom, H. (2017). Climate change and marine fisheries: Least developed countries top global index of vulnerability. PLOS ONE, 12(6), e0179632. https://doi.org/10.1371/journal.pone.0179632
Cheung, W. W. L., Bruggeman, J., & Butenschön, M. (2018). Projected changes in global and national potential marine fisheries catch under climate change scenarios in the twenty-first century. In M. Barange, T. Bahri, M. C. M. Beveridge, K. L. Cochrane, S. Funge-Smith, & F. Poulain (Eds.), Impacts of climate change on fisheries and aquaculture (pp. 63-85). FAO. http://www.fao.org/documents/card/en/c/I9705EN
Claudet, J., Bopp, L., Cheung, W. W. L., Devillers, R., Escobar-Briones, E., Haugan, P., Heymans, J. J., Masson-Delmotte, V., Matz-Lück, N., Miloslavich, P., Mullineaux, L., Visbeck, M., Watson, R., Zivian, A. M., Ansorge, I., Araujo, M., Aricò, S., Bailly, D., Barbière, J., … Gaill, F. (2020). A Roadmap for Using the UN Decade of Ocean Science for Sustainable Development in Support of Science, Policy, and Action. One Earth, 2(1), 34-42. https://doi.org/10.1016/j.oneear.2019.10.012
Doney, S. C., Busch, D. S., Cooley, S. R., & Kroeker, K. J. (2020). The Impacts of Ocean Acidification on Marine Ecosystems and Reliant Human Communities. Annual Review of Environment and Resources, 45(1), 83-112. https://doi.org/10.1146/annurev-environ-012320-083019
Essington, T. E., Levin, P. S., Anderson, L., Bundy, A., Carothers, C., Coleman, F., Gerber, L. R., Grabowski, J. H., Houde, E., Jensen, O. P., Möllmann, C., Rose, K., Sanchirico, J. N., & Smith, A. D. M. (2016). Building effective fishery ecosystem plans. Marine Policy, 92, 48-57. https://doi.org/10.1016/j.marpol.2018.01.019
European Union. (2008). Directive 2008/56/EC of the European Parliament and of the Council of 17 June 2008 establishing a framework for community action in the field of marine environmental policy (Marine Strategy Framework Directive) (Text with EEA relevance). OJ L 164, 25.6.2008, p. 19-40.
Fabricius, K. E., Kluibenschedl, A., Harrington, L., Noonan, S., & De’ath, G. (2014). In situ changes of tropical crustose coralline algae along carbon dioxide gradients. Scientific Reports, 4(1), 5537. https://doi.org/10.1038/srep05537
Gallo, N. D., Victor, D. G., & Levin, L. A. (2019). The role of international policy in mitigating ocean acidification. Science, 365(6455), 744-745. https://doi.org/10.1126/science.aay8838
Gattuso, J.-P., & Hansson, L. (2021). Ocean Acidification: A Global Issue Requiring International Cooperation. Frontiers in Marine Science, 8, 635721. https://doi.org/10.3389/fmars.2021.635721
Grorud-Colvert, K., Sullivan-Stack, J., Roberts, C., Constant, V., Horta e Costa, B., Pike, E. P., Kingston, N., Laffoley, D., Sala, E., Claudet, J., Friedlander, A. M., Gill, D. A., Lester, S. E., Day, J. C., Gonçalves, E. J., Ahmadia, G. N., Rand, M., Villagomez, A., Ban, N. C., … Lubchenco, J. (2021). The MPA Guide: A framework to achieve global goals for the ocean. Science, 373(6560), eabf0861. https://doi.org/10.1126/science.abf0861
Intergovernmental Panel on Climate Change (IPCC). (2019). IPCC Special Report on the Ocean and Cryosphere in a Changing Climate. H.-O. Pörtner, D.C. Roberts, V. Masson-Delmotte, P. Zhai, M. Tignor, E. Poloczanska, K. Mintenbeck, A. Alegría, M. Nicolai, A. Okem, J. Petzold, B. Rama, N.M. Weyer (eds.)
Kim, R. E. (2019). Is a New Multilateral Environmental Agreement on Ocean Acidification Necessary? Review of European, Comparative & International Environmental Law, 21(3), 243-258. https://doi.org/10.1111/reel.12309
Kim, R. E. (2021). Enhancing the opportunities for ocean acidification in international law. ICES Journal of Marine Science, 78(9), 3249-3258. https://doi.org/10.1093/icesjms/fsab166
Kroeker, K. J., Kordas, R. L., Crim, R., Hendriks, I. E., Ramajo, L., Singh, G. S., Duarte, C. M., & Gattuso, J.-P. (2013). Impacts of ocean acidification on marine organisms: quantifying sensitivities and interaction with warming. Global Change Biology, 19(6), 1884-1896. https://doi.org/10.1111/gcb.12179
Lam, V. W. Y., Cheung, W. W. L., & Sumaila, U. R. (2014). Marine capture fisheries in the Arctic: winners or losers under climate change and ocean acidification? Fish and Fisheries, 17(2), 335-357. https://doi.org/10.1111/faf.12106
United Nations. (1982). United Nations Convention on the Law of the Sea. Retrieved from https://www.un.org/depts/los/convention_agreements/texts/unclos/unclos_e.pdf
United Nations. (1992). United Nations Framework Convention on Climate Change. Retrieved from https://unfccc.int/files/essential_background/background_publications_htmlpdf/application/pdf/conveng.pdf
United Nations. (2015). Paris Agreement. Retrieved from https://unfccc.int/sites/default/files/english_paris_agreement.pdf
United States. (2009). Federal Ocean Acidification Research and Monitoring Act of 2009. Public Law 111-11, Title XII, Subtitle D. Retrieved from https://www.congress.gov/111/plaws/publ11/PLAW-111publ11.
