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Abstract

The oceans are the second largest natural absorber of carbon dioxide emissions. One of the methods contemplated to enhance the processis fertilization of seawater with iron. The fertilization stimulates the growth of phytoplankton, the main biological agent responsible for the carbon dioxide sequestration processes by seawater. As phytoplankton absorbs the gas it transports it toward the seabed, thus making the ocean a natural carbon sink. Significance of this issue is reflected by the number of parties to the Kyoto Protocol (1997) to the United Nations Framework Convention for the Climate Change (UNFCCC 1992). The signatories include 194 states and the European Union to the UNFCCC and 192 states and the European Union to the Kyoto Protocol.

The Author provides legal analysis on ocean iron fertilization. The issue sparks considerable controversy from the standpoint of law, science and environmental protection. Since iron fertilization has been developed only recently, no thorough evaluation is possible. The Author advocates cautious approach and recommends limiting its use to scientific endeavors.

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Authors and Affiliations

Konrad Marciniak
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Abstract

The article explains marine biodiversity from the standpoint of international law and the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS 1994).

Currently there are dozens of patent applications associated with genes of marine origin outside countries’ jurisdiction. The claims come from developed countries, i.e. the United States, Germany, Japan, France, the United Kingdom, Denmark, Belgium, the Netherlands, Switzerland and Norway. All countries, including landlocked ones, are free to conduct scientific exploration of the sea. The key areas of application of marine genetic resources include pharmaceuticals, cosmetics and general industry.

Despite some controversy patent protection over natural world has long history. In 1873 Louis Pasteur obtained a patent for yeast, and adrenalin and insulin were patented in early 20th century. In the case of Diamond v. Chakrabarty (1980) the United States Supreme Court held that a live, human made microorganism is patentable subject matter.

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Authors and Affiliations

Konrad Marciniak
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Abstract

This article discusses the development of international law concerning the underwater cultural heritage (UCh), with particular emphasis on the 2001 UNESCO Convention on the subject. It attempts to set out the main legal solutions adopted in the 2001 Convention. however, in order to achieve this aim, it traces the genesis of the Convention and identifies the problems which prompted UNESCO to initiate the negotiations that ultimately led to the adoption of the 2001 Convention. hence, before analysis of the UNESCO treaty it firstly describes the initial phase of the development of law regarding UCh, which was mostly based on the national laws of particular coastal States, as well as in some instances on the laws of salvage. Subsequently, the article turns to the discussion concerning the (in)famous two provisions of the UN Convention on the Law of the Sea (UNCLOS) dealing with archaeological objects, as well as the efforts that were undertaken within the framework of the Council of Europe to adopt a convention on UCh.
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Authors and Affiliations

Konrad Marciniak
1
ORCID: ORCID

  1. PhD, Director, Legal and Treaty Department, Ministry of Foreign Affairs of The Republic of Poland

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