Ocean Acidification: A Due Diligence Obligation under the LOSC

Abstract

Abstract This article explores the extent to which ocean acidification is adequately addressed by the law of the sea. It will assess the various obligations under Part XII of the 1982 United Nations Convention of the Law of the Sea (LOSC) to prevent, reduce and control pollution of the marine environment, and analyse the extent to which these obligations appropriately address ocean acidification. This article argues that LOSC Parties are subject to a due diligence obligation under Part XII of the Convention to prevent, reduce and control ocean acidification, and that this obligation is not satisfied by simply complying with their obligations under the UN Framework Convention on Climate Change, unless those actions also deliberately address ocean acidification. This article goes on to examine whether and to what extent ocean acidification should be factored into decision-making associated with marine planning, fisheries management and area-based protection under the law of the sea.