Document Type : Research Paper

Authors

• Nastaran Sadeghi Gandomabad ¹
• Ali Mashhadi ²

¹ Master of International Law, Faculty of Law, University of Qom, Qom, Iran

² Associate Professor, Department of International and Public Law, Faculty of Law, University of Qom, Qom, Iran

Abstract

Oceans and climate change have mutual effects on each other and formed a huge and effective cycle. However, the Law of the Sea regime and the legal regime of climate change have been developed separately. Today, investigating and using the existing capacities with the increase in the speed of climate change and its effects on the oceans as a means of reducing the carbon in the atmosphere is considered a necessary action. In this study, the authors investigated the status of key conventions on the law of the sea in the face of climate change. The basic question of this research is how ocean and Ocean-based solutions within the framework of the Convention on the Law of the Sea and the High Seas Treaty can pave the way to deal with climate change. The findings of the research show the inadequacy of the legal capacities of the legal regime of Sea. Although the 1982 Convention has shown its resilience in the face of climate change with its dynamic interpretation, the High Seas Treaty Convention may be able to avoid failure by adding an annex that regulates the provisional application before entering into force.

Keywords

• climate change
• law of the sea
• UNCLOS
• high seas treaty
• ocean

Main Subjects

• Environmental law