International Regulation of Marine-Based Climate Mitigation Technologies: Focusing on the UNCLOS and London Convention and Protocol Frameworks

This article examines how climate change responses and marine environmental protection can be harmonized through the interplay of international judicial decisions—such as the Advisory Opinion of the International Tribunal for the Law of the Sea (ITLOS)—and the international legal frameworks represented by the United Nations Convention on the Law of the Sea (UNCLOS), the London Convention, and the London Protocol (LC/LP). Although marine-based technologies like Carbon Capture and Storage (CCS), marine geoengineering hold potential for greenhouse gas reduction, they also raise concerns regarding marine ecosystem disturbances and long-term environmental risks. By analyzing the ITLOS Advisory Opinion, this study highlights how UNCLOS-based obligations can be reaffirmed and operationalized through the reinforcement of due diligence, precautionary approaches, and international cooperation, as well as scientific grounding and enhanced monitoring requirements. The London Convention and Protocol, evolving from a dumping-control treaty to a comprehensive framework capable of addressing CCS and marine geoengineering, serve as implementing agreements of UNCLOS, integrating climate change mitigation and marine environmental objectives. The article concludes that expanding the ratification and acceptance of amendments to the London Protocol, strengthening scientific evidence, and promoting stakeholder participation can facilitate a more sustainable and integrated approach to marine governance in an era of climate change.