Columbia Law School

The ITLOS Advisory Opinion and Marine Geoengineering

The ITLOS advisory opinion does little to resolve the long-standing uncertainty regarding the legal status of marine geoengineering activities. On the contrary, the opinion raises more questions than it answers. ITLOS seems content to leave those questions to others. Indeed, in the advisory opinion, ITLOS noted that “marine geoengineering has been the subject of discussions and regulations in various fora,” including the London Convention and Protocol. But after nearly twenty years, the regulatory framework for marine geoengineering adopted by the parties to the London Convention and Protocol is still not, strictly speaking, legally binding. Perhaps the advisory opinion will spur the parties into action.

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