International Law and Marine Ecosystem Governance: The Climate Change Nexus

International Law and Marine Ecosystem Governance: The Climate Change Nexus

By Freedom-Kai Phillips, Konstantia Koutouki, from Paul G. Harris ed. Climate Change and Ocean Governance: Politics and Policy for Threatened Seas (Cambridge University Press 2018)

The governance of marine ecosystems under international law sits at a crucial nexus for climate change. This chapter explores legal measures related to climate change and the governance of aquatic ecosystems, including watercourses, wetlands, and biodiversity, to highlight interactions and identify areas of mutual supportive implementation. First, a summary is provided of key legal provisions of the United Nations Framework Convention on Climate Change (UNFCCC) and the Paris Agreement on climate change. Second, an overview is provided of the substantive and procedural obligations found in international instruments governing watercourses, wetlands, and biodiversity. Specifically, emphasis is on provisions of the United Nations Convention on the Law of the Non-Navigational Uses of International Watercourses (1997) (the New York Convention), the Convention on the Protection and Use of Transboundary Watercourses and International Lakes (1992) (Helsinki Convention), the Convention on Wetlands of International Importance especially as Waterfowl Habitat (1971) (the Ramsar Convention), and the Convention on Biological Diversity (CBD, 1992).

Third, key synergies across regimes are identified, thereby illustrating legal and policy intersections. Finally, modalities to further strengthen marine governance are discussed in the climate context to illustrate mutually supportive legal measures which assist in the achievement of Sustainable Development Goals (SDGs) related to water (SDG 6), oceans (SDG 14), climate (SDG 13), and biodiversity (SDG 15). Holistic governance of marine ecosystems allows for informed policy trade-offs, supports carbon sequestration and climate resilience, and facilitates effective mitigation and adaptation practices.

Chapter avalable here: Chapter-19 – Climate Change and Oceans – CUP 2018