Regulation of Marine Geoengineering under
the London Protocol:
Where we have got to and where might we
be going
Chris Vivian
Centre for Environment, Fisheries and Aquaculture Science (Cefas), Lowestoft,
Suffolk, NR33 0HT, UK
Chris.Vivian@cefas.co.uk
London Convention 1972 and
London Protocol 1996
The London Convention 1972 is the original instrument and the
London Protocol 1996 updated the Convention will eventually
replace it. It came into force in March 2006.
The London Convention and the London Protocol are global
conventions and primarily deal with dumping. However:
London Protocol Article 2 – “Contracting Parties shall individually
and collectively protect and preserve the marine environment
from all sources of pollution and take effective measures,
according to their scientific, technical and economic capabilities,
to prevent, reduce and where practicable eliminate pollution
caused by dumping or incineration at sea of wastes or other
matter. Where appropriate, they shall harmonize their policies in
this regard.”
London Protocol
Article 4.1:
“Contracting parties shall prohibit the dumping of any wastes
or other matter with the exception of those listed in Annex 1.”
Exclusion from the definition of dumping - Article 1.4.2.2:
“Placement of matter for a purpose other than the mere
disposal thereof, provided that such placement is not contrary
to the aims of this Protocol.”
Note that UNCLOS provides the overall legal framework for
protecting the global marine environment and the LC/LP work
within this framework.
How Did the LC/LP Get Involved
1.
In early 2007, Planktos Corporation announced that it was
planning to carry out iron fertilisation experiments in June
2007 offshore from the Galapagos Islands
2.
The Scientific Groups meeting agreed a ‘Statement of
Concern’ that was later endorsed by the Governing Bodies.
3.
LC/LP Governing Bodies Meeting Oct 2007 agreed:

that the scope of the LC/LP included ocean fertilization

that the LC/LP were competent to address this issue due to
their general objectives (LP Article 2)

that they would further study the issue from scientific and
legal perspectives with a view to its regulation

Agreed a statement urging “…States to use the utmost
caution when considering proposals for large-scale ocean
fertilization operations…”
Subsequent Key LC/LP Activities
November 2008 – Adopted non-binding resolution on the regulation
of ocean fertilisation and agreed to further consider a potential
legally binding resolution or an amendment to the LP.
October 2010 – Adoption of Ocean Fertilization Assessment
Framework (OFAF) for assessing field research experiments
October 2011 – Group of like-minded countries agreed to work
together informally to prepare proposals for the London
Protocol to regulate ocean fertilization and provide a flexible
mechanism to regulate other types of marine geoengineering
October 2012 – Discussed draft amendment proposal for LP
April 2013 – Formal LP amendment proposal submitted
October 2013 –LP amendment adopted
LP Amendment October 2013
 Article 1 - Adding a definition of ‘marine geoengineering’.
 New Article 6 bis – Requiring that Contracting Parties:
 not allow the placement of matter into the sea for marine geoengineering activities listed in annex 4, unless the listing provides
that the activity or the sub-category of an activity may be
authorized under a permit, and
 that they adopt administrative or legislative measures to ensure
that the issuance of permits and permit conditions comply with
provisions of annex 5 and takes into account any specific
assessment framework developed for an activity
 New Annex 4 – Listing just legitimate scientific research on ocean
fertilization currently
 New Annex 5 – An ‘Assessment framework for matter that may be
considered for placement under Annex 4’
LP Amendment– Article 1
Article 1 - Adding a definition of marine geoengineering as 5 bis:
"Marine geoengineering" means a deliberate intervention in the
marine environment to manipulate natural processes, including to
counteract anthropogenic climate change and/or its impacts, and that
has the potential to result in deleterious effects, especially where
those effects may be widespread, long lasting or severe."
LP Amendment Follow-on Activities
Currently Intersessional Correspondence Groups working
on:
• The arrangements to establish an independent
international advisory group of experts on marine
geoengineering
• An informal procedure for considering the inclusion of
potential marine geoengineering activities in LP Annex 4
Marine Geo-Engineering – Types*
1.
Ocean fertilisation to increase carbon flux to the deep-sea
through stimulating additional production by:
 Adding iron, nitrogen or phosphorus
 Raising nutrient-rich deep-waters to the surface
2. Depositing organic material on the deep seabed e.g. crop
wastes
3. Depositing CO2 into mid/deep ocean waters or deep sediments
4. Enhancing the alkalinity of the ocean and thus uptake of CO2
from the atmosphere e.g. adding calcium oxide or calcium
hydroxide directly
5. Increase downwelling of carbon through increasing volumes or
carbon concentrations
6. Increasing ocean albedo (reflectivity) of the water surface
* See http://www.cefas.defra.gov.uk/publications/files/20120213Brief-Summary-Marine-Geoeng-Techs.pdf
Marine Geo-Engineering – Types*
1.
Ocean fertilisation to increase carbon flux to the deep-sea
through stimulating additional production by:
 Adding iron, nitrogen or phosphorus
 Raising nutrient-rich deep-waters to the surface
2. Depositing organic material on the deep seabed e.g. crop
wastes
3. Depositing CO2 into mid/deep ocean waters or deep sediments
4. Enhancing the alkalinity of the ocean and thus uptake of
CO2 from the atmosphere e.g. adding calcium oxide or
calcium hydroxide directly
5. Increase downwelling of carbon through increasing volumes or
carbon concentrations
6. Increasing ocean albedo (reflectivity) of the water surface
* See http://www.cefas.defra.gov.uk/publications/files/20120213Brief-Summary-Marine-Geoeng-Techs.pdf
Future Regulation of Marine Geo-engineering
1.
Very unlikely that a global instrument would have the marine
environmental expertise to regulate marine geoengineering
2.
So sensible for the LP, to regulate such activities under the
overall jurisdiction of a global instrument i.e. a partnership, to
ensure:
3.

Only acceptable and effective marine geoengineering
techniques for counteracting climate change are permitted.

Appropriate verification of sequestered carbon is carried out
to equivalent standards across different geoengineering
techniques.
Given its expertise and remit, the LP can govern marine
geoengineering research itself with guidance from a global
instrument to ensure that the research produces the information
needed to assess techniques’ efficacy, acceptability and
verifiability for climate mitigation purposes.
Thank you!