Climate Change and the Use of the Dispute Settlement Regime of the Law of the Sea Convention

(2006) 37 Journal of Ocean Development and International Law 319 - 337

20 Pages Posted: 28 Sep 2014

See all articles by Meinhard Doelle

Meinhard Doelle

Dalhousie University - Schulich School of Law; Dalhousie University - Marine and Environmental Law Institute; World Maritime University (WMU)

Date Written: June 1, 2006

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.

Keywords: climate change, law of the sea, compliance, dispute settlement, marine environment

Suggested Citation

Doelle, Meinhard, Climate Change and the Use of the Dispute Settlement Regime of the Law of the Sea Convention (June 1, 2006). (2006) 37 Journal of Ocean Development and International Law 319 - 337, Available at SSRN: https://ssrn.com/abstract=2502264

Meinhard Doelle (Contact Author)

Dalhousie University - Schulich School of Law ( email )

6061 University Avenue
6061 University Ave
Halifax, Nova Scotia B3H 4H9
Canada

Dalhousie University - Marine and Environmental Law Institute ( email )

6061 University Avenue
Halifax, Nova Scotia B3H 4H9
Canada

World Maritime University (WMU) ( email )

Fiskehamnsgatan 1
P. O. Box 500
Malmö, Skane 20124
Sweden

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