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.
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.