Regulating Ocean Fertilization under International Law: The Risks

In July 2012 the Haida Salmon Restoration Corporation made international headlines when it deliberately dumped 100 metric tonnes of iron sulphate into the ocean off the coast of western Canada. The scheme, which dumped five times more iron into the ocean than any of the previous thirteen iron fertilization experiments carried out to date, was ostensibly designed to both increase local salmon populations and to sequester carbon dioxide. The scheme was not authorised by the Canadian government, did not comply with international guidelines on ocean fertilization and was condemned by the international community. Despite the fact that ocean fertilization has been subjected to greater regulatory and policy scrutiny than any other geoengineering method so far, and a voluntary moratorium on fertilization for purposes other than scientific research is in place, this incident demonstrates the limits of the current regime. This article will explore the developing regime for ocean fertilization with particular emphasison the question of regulatory control. Although the States party to the 1972 London Convention and 1996 Protocol adopted a comprehensive risk assessment framework for scientific research involving ocean fertilization in 2010, this Instrument is not binding and does not apply to fertilization projects such as the Haida Salmon scheme, which do not constitute scientific research. Discussions with respect to how these standards should be made binding under the dumping regime are currently on-going and it is likely that the 1996 Protocol will ultimately be amended to facilitate the formal regulation of ocean fertilization.