从国际环境法原则看海洋施肥技术

IF 1.3 4区 地球科学 Q4 OCEANOGRAPHY
Zahra Mahmoudi kordi, masume gholami miansarayi
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引用次数: 0

摘要

背景与理论基础:自20世纪80年代以来,海洋施肥在各种气候工程方法中备受关注。一些外国研究人员从环境、法律和商业的角度研究了海洋施肥问题。自2007年以来,随着《伦敦公约/议定书》对海洋施肥进行监管,以及2013年《伦敦议定书》关于该技术的修正案的通过,这一领域的法律研究得到了加强。虽然海洋施肥过程尚未广泛操作,仍处于有限的实验水平,但已经专门编写了法律研究,以审查这一技术的传统地位。本文旨在探讨海洋施肥技术作为应对全球变暖的方法之一,研究其潜在的环境效益和挑战,并研究国际环境法原则对这一具有挑战性的技术的方法。研究方法:本研究的数据收集采用图书馆法,研究过程采用描述性分析;因此,在描述了海洋施肥过程之后,最重要的是对环境后果进行了研究,最后,对国际环境法如何处理这一新兴技术进行了分析,最后,我们在国际环境法原则的背景下分析了这一新兴技术。研究发现:通过加强海洋的生物泵,海洋施肥作为应对气候变化的新途径之一,寻求增加海洋对二氧化碳的吸收,最终应对全球变暖。应对全球变暖、增加鱼类资源、促进海洋科学研究和碳贸易被认为是海洋施肥的潜在好处,但除了这些好处之外,海洋酸化、有毒藻华和缺氧等环境问题的可能性也不是没有问题。海洋施肥的跨界环境影响- -无论是在内部水域- -这证明需要国际环境法进行干预,以管制这种技术及其后果。因此,在本文中,我们打算审查国际环境法原则在对海洋施肥及其管制和消除其条约空白所引起的问题作出反应方面的作用。结论:海洋施肥可以被描述为一把双刃剑,一方面能够克服当今时代最重要的环境挑战之一,即全球变暖和随之而来的气候变化,另一方面是海洋环境破坏的原因。首先,本文的研究结果表明,海洋施肥的环境后果缺乏科学的确定性,需要进一步的研究和实验来实现科学的确定性。其次,对直接或间接涉及这项技术的国际条约的回顾表明,《生物多样性公约》、《伦敦公约/议定书》以科学上的不确定性和需要采取预防措施为由,严重限制了海洋施肥。但他们面临着诸如非全球参与和绝对消极态度等批评。第三,在上述情况下,运用国际环境法原则来填补现有空白和完善条约文件可能非常有帮助。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
Ocean Fertilization Technology from the perspective of the principles of international environmental law
Background and Theoretical Foundations: Since the 1980s, ocean fertilization has attracted much attention among various methods of climate engineering. Some foreign researchers have examined ocean fertilization from environmental, legal, and commercial perspectives. since 2007, as the London Convention / Protocol regulates ocean fertilization, and then with the adoption of the 2013 Amendment to the London Protocol on this technology, Legal research in this area has been Increased. Although the ocean fertilization process has not yet been widely operated and remains at a limited experimental level, but legal research has been written specifically to examine the conventional position of this technology. The present article aims to explore ocean fertilization technology as one of the methods to deal with global warming, to examine its potential environmental benefits and challenges, and to examine the approach of the principles of international environmental law to this challenging technology. Methodology: Data collection of this research is library method and the procedure is descriptive analytical; Accordingly, after describing the process of ocean fertilization, it is most important environmental consequences have been studied, and finally, how international environmental law has dealt with this emerging technology has been analysed and Finally, we analyze this emerging technology in the context of the principles of international environmental law. Findings: By strengthening the biological pump of the ocean, ocean fertilization as one of the new ways to deal with climate change, seeks to increase the absorption of carbon dioxide by the ocean and ultimately deal with global warming. Countering global warming, increasing of the fish resources, promote marine scientific research and the carbon trade have been cited as potential benefits of ocean fertilization, but in addition to these benefits, the possibility of environmental problems such as ocean acidification, toxic algal blooms and anoxia is not out of the question. The transboundary environmental effects of ocean fertilization — whether in the internal waters It is a testament to the need to intervene of international environmental law to regulate this technology and its consequences. Therefore, in the present article, we intend to examine the role of the principles of international environmental law in responding to issues arising from the ocean fertilization and its regulation and elimination of its treaty gaps. Conclusion: The ocean fertilization can be described as a double edged sword that on the one hand is able to overcome one of the most important environmental challenges of the present age, namely global warming and consequently climate change, and on the other hand is the cause of marine environmental damage. First of all, the findings of the present paper show that, there is insufficient scientific certainty about the environmental consequences of ocean fertilization, and further studies and experiments are needed to achieve scientific certainty. Second, a review of international treaties that have addressed this technology directly or indirectly shows that the Biodiversity Conventions, the London Convention / Protocol, have severely restricted ocean fertilization, citing scientific uncertainty and the need for a precautionary approach. But they face criticism such as non-global participation and an absolutely negative attitude. And Third, in the circumstances mentioned, the application of the principles of international environmental law to fill existing gaps and complete treaty documents can be very helpful .
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来源期刊
Journal of Oceanography
Journal of Oceanography 地学-海洋学
CiteScore
3.50
自引率
13.00%
发文量
42
审稿时长
6-12 weeks
期刊介绍: The Journal of Oceanography is the official journal of the Oceanographic Society of Japan and open to all oceanographers in the world. The main aim of the journal is to promote understandings of ocean systems from various aspects including physical, chemical, biological, geological oceanography as well as paleoceanography, etc. The journal welcomes research focusing on the western North Pacific and Asian coastal waters, but the study region is not limited to the Asian Pacific. The journal publishes original articles, short contributions, reviews, and correspondence in oceanography and related fields.
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