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The Oxford Handbook of International Climate Change Law edited by Carlarne, Cinnamon P; Gray, Kevin R; Tarasofsky, Richard (24th March 2016)

Part VI Living with Climate Change and Climate Change Adaptation Measures, Ch.24 Climate, Oceans, and the Law of Special and General Adaptation

Josh Eagle, U. Rashid Sumaila

From: The Oxford Handbook of International Climate Change Law

Edited By: Cinnamon P. Carlarne, Kevin R. Gray, Richard Tarasofsky

Subject(s):
Natural resources — Climate change — Environmental disputes — Pollution — Maritime boundaries — Arbitration

This chapter describes the literature of adaptation law in the context of international ocean governance. Adaptation law consists of rules aimed at minimizing the social costs associated with human response to climate impacts. These can be used to shape the behaviour of private actors or public institutions. The law sometimes might provide incentives to make enterprises more resilient as it makes capital unnecessarily stranded during climate change. In order to illustrate the challenges of implementation in the ocean context, the chapter focuses on two examples: international fisheries and ‘mari-engineering’. International fisheries represent ongoing ocean use and regulated by a well-developed body of international law. Due to the wide range of possible climate impacts and adaptive responses, proactive changes to existing fisheries rules in anticipation of climate change fit into the category of general adaptation law, while mari-engineering is engineering the seas to slow or halt climate change impacts.

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