Climate Change, Environmental Law, International Environmental Law, sustainable development 3 Minutes
The atmosphere and the ocean are interconnected. At a basic level, the ocean releases oxygen into the atmosphere and absorbs carbon dioxide and heat from the atmosphere. Indeed, the ocean produces half of the Earth’s oxygen (every second breath you take comes from the ocean). However, over 25% of the anthropogenic emissions of carbon dioxide each year goes into the ocean and over 90% of the excess heat generated by global warming is absorbed by the ocean. Consequently, rising carbon dioxide levels in the atmosphere leads to severe stress on the ocean, including in the form of higher ocean temperatures and sea level rise, declining oxygen levels, and ocean acidification. These impacts, in turn, have numerous follow-on effects, including on fisheries and food security, marine ecosystems and biodiversity, and existential threats to human settlements. Climate related changes are not the only stressors on the ecological integrity of the ocean – resource exploitation and pollution are further degrading the health and vitality of the ocean.
Despite the interconnectedness of Nature, our human thinking and human systems are disconnected from reality. Our current legal and policy regimes reinforce this disconnectedness – the UNFCCC/Paris Agreement processes do not seriously take the ocean into account – neither in terms of climate change impacts nor as climate regulator and mitigator – and the Sustainable Development Goals (Goal 13 on climate action and Goal 14 on the ocean) are voluntary aspirations that seemingly dare not tread on the legal mandates of the UNFCCC/Paris Agreement.
Such lack of seriousness is unwarranted. To be sure, SDG 13 expressly acknowledges that the “UNFCCC is the primary international, intergovernmental forum for negotiating the global response to climate change.” Yet, the UNFCCC text provides authority to connect the dots. Article 4 paragraph 1(d) of the UNFCCC requires all parties to promote sustainable management and promote and cooperate in the conservation and enhancement of greenhouse gas sinks and reservoirs includingoceans and coastal and marine ecosystems. This constitutes the authority to make the connection between the UNFCCC/Paris Agreement processes and SDGs 13 and 14. This interconnection can be facilitated through the cooperation of international organizations and intergovernmental and non-governmental organizations. Article 7 paragraph 2(l) of the UNFCCC states that the Conference of the Parties (COPs) shall: “seek and utilize, where appropriate, the services and cooperation of, and information provided by, competent international organizations and intergovernmental and non-governmental bodies.” This is actually a legal mandate – the word “shall” is used.
2019-2020 can be an inflection point for climate action and the ocean.
In August 2019 and in the spring of 2020, the intergovernmental process to negotiate an international legally binding instrument on the conservation and sustainable use of marine biodiversity of areas beyond national jurisdiction (“BBNJ”) will hold their meetings at UN Headquarters in New York. Member States should ensure that the text of the instrument includes meaningful references to climate change, particularly as regards the cumulative impacts of climate change.
In September 2019, the UN Secretary-General will hold a Climate Action Summit in New York as part of “High Level Week” which also includes an SDG Summit (the High Level Political Forum held under the auspices of the UN General Assembly), and the Mid-Term Review of the SAMOA Pathway (the Small Island Developing States Accelerated Modalities of Action). This high-level event could be an opportunity to highlight, among other things, the interlinkages between climate change and the ocean. Also in September, the IPCC is expected to issue its Special Report on the Ocean and the Cryosphere.
In December 2019, the UNFCCC COP 25 will be held in Chile which has the potential to put the ocean squarely on the climate agenda. (See, for e.g., the Because the Ocean initiative). Yet, much more work needs to be done, both politically and technically, in order to ensure that this COP makes interconnections that are authentically holistic and integrative and sets a strong foundation for meaningful action to protect the ocean as a fundamental cornerstone of climate action. As indicated above, the UNFCCC text provides the legal basis for making these interconnections and thereby “blue-ing” the COP.
In June 2020, the second UN Conference to Support the Implementation of SDG 14 (the Ocean Conference) will convene in Lisbon, Portugal. The theme of the Conference is: “Scaling Up Ocean Action Based on Science and Innovation for the Implementation of Goal 14: Stocktaking, Partnerships and Solutions.” In addition to taking stock of Goal 14’s targets, particularly the targets that expire in 2020, the Ocean Conference can be a significant opportunity to reinforce, among other things, the interlinkages between climate and ocean action. The UN Decade of Ocean Science for Sustainable Development (2021-2030) can also enhance the scientific understanding of the ocean’s responses to stressors including climate change impacts. Science must be broadly understood to include traditional knowledge, knowledge of indigenous peoples, and local knowledge systems, where appropriate.
An integrated and holistic approach to climate and ocean action – two sides of the same coin – is urgently needed. A new narrative and political leadership at this potential point of inflection will be critical.
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