LA ACIDIFICAZIONE DEGLI OCEANI E IL DIRITTO INTERNAZIONALE

Ocean acidification is a global phenomenon caused by the absorption of atmospheric carbon dioxide (CO₂), leading to chemical alterations that severely impact marine ecosystems. Despite its ecological and socio-economic significance, there is no specific international legal regime that comprehensively addresses this issue. In this context, this thesis analyzes the regulation of ocean acidification within international law, examining the existing legal instruments and their relationship with this phenomenon. The study is structured into three parts. The first part addresses the phenomenon from a conceptual and scientific perspective, identifying its causes, effects, and its growing importance on the international agenda. The second part examines the legal treatment of acidification within the universal framework, assessing its inclusion in the climate change regime (United Nations Framework Convention on Climate Change, Kyoto Protocol, and Paris Agreement), the law of the sea (UNCLOS), and the protection of marine biodiversity (Convention on Biological Diversity). The third part explores regional responses to acidification, including regional seas programs and regulations applicable to polar ecosystems within the Arctic Council and the Antarctic Treaty System. The working hypothesis of this research is that there are no binding universal norms regulating ocean acidification, or that such norms are not effectively adapted to address this problem. The thesis put forward is that, as a result, ocean acidification is governed by an overlapping set of applicable regimes, a situation that has created a significant structural limitation, preventing an effective response. The topics presented in this thesis are complex and multidisciplinary and can therefore be approached from different perspectives. However, in order to focus the study, we will follow the central theme and legal basis of ocean acidification within the framework of public international law. In this regard, the scientific method employed will be the systemic method. The systemic research method refers to a comprehensive approach aimed at understanding and resolving the legal issues associated with ocean acidification within the international legal system. This method is deemed appropriate for the research, considering that the legal treatment of acidification involves multiple treaty regimes, given that the cause of this phenomenon is excess CO₂, but its effects are directly manifested in the marine environment, with potential consequences for marine biodiversity and food security derived from ocean resources.