The challenge and Solutions of the Interaction between the Regime of Climate Change Rights and the Rights of the Seas and the Necessity of Convergence for Environmental Protection

MAHSHID YARAGHI ESFAHANI¹ RAHA HOSSEINALI POUR JAZI²

1) Assistant Professor of International Law, Department of International law Law, Faculty of Law and Theology, Shahid Ashrafi Esfahani University, Isfahan, Iran.
2) LLM Student of International Law, Department of Law, Faculty of Law, Shahid Ashrafi Esfahani University, Isfahan, Iran._

IOI Code : AZGC-AAABEA
Publication : 1St International conference on new horizons in management,business, economics and humanities(icmbe.com)
Abstract :
    Climate change, as one of the greatest global challenges, has had widespread impacts on the marine environment, causing ocean temperatures to rise, ocean acidification to increase, sea levels to rise, and marine habitat destruction. This not only threatens marine ecosystems, but also has significant economic and social consequences for coastal and island communities. In the meantime, two main legal regimes, namely the climate change law regime and the law of the sea regime, have been working independently to address this crisis, but the interaction between them faces numerous legal, administrative, and institutional challenges. The purpose of this research is to analyze the relationships between the climate change law regime and the law of the sea regime in international law, identify the challenges in the convergence of these two legal systems, and provide solutions to strengthen the interaction between them. This study is conducted using an analytical-descriptive method and examines international documents, including the UN Convention on the Law of the Sea, the UN Framework Convention on Climate Change, and the Paris Agreement, to analyze the legal conflicts and overlaps between these two regimes. The findings of this study indicate that the lack of binding regulations for managing climate change in the seas, weak coordination among international institutions, conflicting economic and political interests of countries, and scientific and regulatory limitations are among the most important obstacles to the interaction of these two regimes. In order to address these challenges, it is proposed that a supplementary protocol to the UN Convention on the Law of the Sea be adopted to recognize climate change as a form of “marine pollution,” that member states of the Paris Agreement be required to include maritime policies in their nationally determined contributions, and that closer cooperation be established between the International Maritime Organization, the UN Framework Convention on Climate Change, and the International Tribunal for the Law of the Sea. The results of this research show that without legal reforms, strengthening enforcement mechanisms, and adequate financing, managing the climate change crisis in the seas will face fundamental challenges.

Keywords : climate change law of the seas marine pollution environment