Synergizing Climate Change and Ocean Regimes: A Comprehensive International Legal Approach for Ocean Acidification Governance

Abstract

Ocean acidification poses a myriad of challenges, particularly to marine environments and ecosystems. Its negative repercussions are equally obvious from a human-centric perspective. Despite efforts to address ocean acidification through various international legal frameworks, current international legal frameworks, such as the United Nations Convention on the Law of the Sea and the United Nations Convention on Climate Change, which represent the climate change regime and the ocean regime, respectively, fall short of adequately addressing ocean acidification challenges. Because of the climate change regime’s atmospheric-centered perspective and the ocean regime’s pollution-oriented perspective, ocean acidification falls between the cracks and is not a priority for either regime. To adequately address the issues posed by ocean acidification, a concerted effort between the the legal regime addressing climate change and the legal regime regulating maritime affairs is crucial. This effort might be realized by developing a robust governance system that encompasses both of these regimes, which are specifically tailored to tackle ocean acidification. Given the complexity of ocean acidification governance, the distribution of roles for both regimes should be thoroughly examined. Due to its broad reach, the ocean regime might take the lead in directing the trajectory of ocean acidification, while the climate change regime might provide assistance within the context of ocean acidification governance. Active mutual reference and due diligence obligations could be employed in this scenario to bridge the gaps created by both the climate change regime and the ocean regime regarding ocean acidification. The active interaction between these regimes might pave the way for proper ocean acidification governance in order to meet the challenges posed by ocean acidification.