David Leary

Climate Change and Renewable Energy from the Ocean and Tides: Calming the Sea of Regulatory Uncertainty

We examine the state of ocean energy in 2009 and consider its potential as a source of renewable energy. We provide a background on the current state of technology and commercial development, and examine the implications for law and policy of the re-emergence of ocean energy as a source of renewable energy in 2009. In the 1970s much of the academic and policy literature highlighted jurisdictional uncertainty surrounding ocean energy under international law. This is not the case today. Although some questions remain with respect to navigation rights, most questions surrounding the nature and extent of coastal State jurisdiction in relation to ocean energy have been resolved by the 1982 United Nations Convention on the Law of the Sea. Instead we argue that one of the biggest challenges faced by ocean energy today is the uncertain state of regulation under domestic legal systems. We highlight issues requiring attention by policy-makers and legislators, including managing hazards to navigation, providing further financial incentives for wide-scale commercialisation of this technology (such as increased research and development funding and feed-in tariffs) and managing ocean energys relatively benign environmental impacts.

International Law And The Genetic Resources Of The Deep Sea

Deep-sea genetic resources and the interest of the biotechnology industry in their exploitation are emerging as a significant challenge for international oceans governance. This book is the first comprehensive examination of this issue and explores its relationship with marine scientific research and other activities in the deep sea. As well as a detailed survey of the state of industry interest in this new field of biotechnology it also sets out proposals for future sustainable management of these resources utilizing many existing international law and policy regimes.

Recent Developments in Offshore Renewable Energy in the Asia-Pacific Region

This article examines the emergence of offshore renewable energy (i.e., offshore wind, ocean, and tidal energy) in the Asia-Pacific region with a particular focus on developments in China, South Korea, Australia, and New Zealand. It outlines plans for the development of offshore wind, tidal, and wave energy projects as well as emerging legal and policy measures supporting the growth of offshore renewable energy in the region. The article highlights that, although some progress has been made on laws and other measures to facilitate offshore renewable energy in the Asia-Pacific region, clear regulatory frameworks are still emerging in these jurisdictions.

Moving the Marine Genetic Resources Debate Forward: Some Reflections

AbstractThis paper offers some brief reflections on issues surrounding the ongoing debate in relation to the legal status of marine genetic resources in areas beyond national jurisdiction. It considers one possible solution to the ideological divide over the relevance of the common heritage of mankind to marine genetic resources, modelled on Article IV of the Antarctic Treaty. The suitability of the International Treaty on Plant Genetic Resources for Food and Agriculture as a possible model is also considered. The fact that this later model is now being canvassed by some States marks a major step forward in international discussions on the issue. Other possible models that have been canvassed in the academic literature are also considered. The fact that these alternatives have not been canvassed at length in diplomatic discussions to date highlights the fact that a detailed examination of the wide range of possible options is urgently needed.

Looking beyond the International Polar Year: What are the Emerging and Re-emerging Issues in International Law and Policy in the Polar Regions?

AbstractThe International Symposium, ‘Looking beyond the International Polar Year: Emerging and Re-emerging issues in International Law and Policy in the Polar Regions’ (the Symposium) was held on 7–10 September 2008 at the University of Akureyri, Akureryi, Iceland. The Symposium was timed to coincide with the launch of the new postgraduate program in Polar Law offered by the University of Akureyri. The purpose of the Symposium was to examine, in detail, the implications of the challenges faced by the Polar Regions for international law and policy as part of the legacy of the current International Polar Year and to make recommendations on appropriate actions by States, policy makers and other international actors to respond to these emerging and re-emerging challenges. This article summarises the key findings and recommendations of the Symposium. These address the following key issues: climate change; human rights challenges; challenges of new commercial activities in the Polar Regions (such as the exploitation of off shore oil, gas and other minerals, shipping fishing, bioprospecting and tourism); challenges posed by shipping and newly opening sea lanes; threats to specific species and assemblages of species; environmental governance in the Polar Regions; and the inadequate implementation of existing international law and domestic laws. The article also contains a series of recommendations on further legal, scientific and other studies that should be undertaken in the immediate and near term future to better equip governments and policy makers to respond to these emerging issues.

Bioprospecting in Antarctica and the Arctic. Common Challenges

AbstractBioprospecting is occurring in the Arctic and Antarctica. This paper considers evidence on the nature and scale of bioprospecting in the Polar Regions. The paper then aims to draw out some of the critical issues in this debate by examining recent developments in the context of the Antarctic Treaty System. After an introduction to the history of the debate on bioprospecting in the Antarctic context it examines the recent Report of the Antarctic Treaty Consultative Meeting (‘ATCM’) Intersessional Contact Group to examine the issue of Biologocal Prospecting in the Antarctic Treaty Area tabled at ATCM XVII in Kiev in June 2008. The paper then concludes with some brief thoughts on the relevance of the Arctic experience to the debate in relation to Antarctica and whether or not there is an ‘Arctic Model’ for a response to the bioprospecting question in Antarctica. It is argued that rather than there being one Arctic model there is in fact a spectrum of models and experiences to choose from.

Greenland's new legislation on commercial and research-related use of biological resources : implications for the International Polar Year and later

New possibilities for economic development have been identified by the Greenland Home Rule Government in recent years. One of these is the potential for development of biotechnology based on Greenlands biodiversity. To ensure that Greenland shares in benefits derived from the exploitation of these resources the Home Rule Parliament recently enacted legislation on commercial and research-related use of biological resources that is premised on rights recognised by the 1992 Convention on Biological Diversity. This legislation represents the first law in an Arctic jurisdiction specifically to create a mechanism for access and benefit sharing in relation to Arctic genetic resources. The main area of research and commercial interest so far relates to potential developments in biotechnology from the microbial diversity of ikaite tufa columns located in the Ikka Fjord in southwest Greenland. The legislation seeks to provide a mechanism for regulating access to such biological resources and a means for Greenland to share in the potential benefits that may come from scientific research on them and subsequent commercialisation. Much research in Greenland now falls within the scope of this legislation. The purpose of this article is to explain the provisions of the legislation to the polar research community as well as to review its implications for research in the International Polar Year and later. The legislation imposes many new obligations on researchers in Greenland including obligations to obtain survey licences, obligations on reporting and the regulation of publication of scientific research. Commercially focussed research is also tightly regulated with a particular emphasis on patent rights. However, many aspects of the legislation are uncertain and it is unclear how much of the legislation will be implemented in practice.

Drones on ice: an assessment of the legal implications of the use of unmanned aerial vehicles in scientific research and by the tourist industry in Antarctica

Unmanned aerial vehicles (UAVs), also known as drones, are used in scientific research and a diverse range of other applications across the globe. They are also being used increasingly for scientific research in Antarctica and to a lesser extent by tourists visiting the worlds last great frontier tourist destination. Their use in scientific research in Antarctica offers many benefits to science and if used responsibly may be less invasive than other research techniques, offering a rich source of new scientific data. For tourists, UAVs also offer unique aerial photographic perspectives on Antarctica — the ultimate holiday snap shot. Concerns have been raised about the safety of drone use in the harsh and unpredictable Antarctic conditions, as well as possible environmental impacts. This paper considers these issues and the emerging regulatory response to drone use in Antarctica focusing on the Antarctic Unmanned Aerial Systems (UAS) Operators Handbook , which provides guidelines to national Antarctic programmes on the use of UAVs in the Antarctic Treaty area, and the temporary ban on use of drones by tourists imposed by the International Association of Antarctica Tour Operators (IAATO). Both measures arguably constitute a good first response to this emerging issue, although more still needs to be done.

The IMO Mandatory International Code of Safety for Ships: Charting a Sustainable Course for Shipping in the Polar Regions?

Many Asian states such as China are increasingly engaged in maritime activities in the polar regions. The International Maritime Organization ( IMO ) has developed a mandatory international code of safety for certain types of ships operating in polar waters (the Polar Code) which applies to the vessels of Asian and non-Asian states alike. The Polar Code covers a wide range of issues including ship design and construction, equipment, operation, crew training, search and rescue and environmental protection relating to ships operating in the polar regions. This article examines the Polar Code, which will be implemented via amendments to the International Convention for the Safety of Life at Sea ( SOLAS ) and the International Convention for the Prevention of Pollution from Ships ( MARPOL ). It considers the extent to which the Polar Code lays the foundations for a sustainable future for shipping in the polar regions.

Marine Scientific Research

This chapter considers how marine scientific research (MSR) could be regulated in all areas of the oceans including ocean space beyond national jurisdiction. It begins by outlining the nature of MSR conducted at hydrothermal vents in general terms. The chapter then explores what form regulation of MSR might take. It further considers the debates surrounding the MSR issue during the negotiation of 1982 United Nations Convention on the Law of the Sea (LOSC). It is suggested that the arguments raised in relation to MSR over 40 years ago are equally valid today. Consideration of these arguments in the context of MSR at hydrothermal vents suggests how the issue of regulation of MSR should be approached. Finally, the chapter outlines a proposal for a regulatory regime for MSR modelled on the regime of the Madrid Protocol to the Antarctic Treaty.Keywords: hydrothermal vents; LOSC; Madrid protocol to the AntarcticTreaty; marine scientific research (MSR)