Summary/Abstract
A 2021 National Academies of Sciences, Engineering, and Medicine (NASEM) Report identified a number of potential barriers to artificial upwelling (AU) / artificial downwelling (AD) research and deployment. Among other things, the NASEM Report noted that there is “significant uncertainty” regarding the legal framework governing AU / AD research and deployment, both internationally and domestically in the U.S. This paper aims to fill that gap in knowledge, providing a comprehensive analysis of how existing international and domestic (U.S.) law would apply to AU / AD projects. The paper is structured as follows: Part 2 introduces AU / AD, its potential benefits, and risks. Part 3 then discusses key principles of international and U.S. law defining jurisdiction over the ocean. In Part 4, it explores key international agreements and principles of customary international law that could apply to AU / AD projects, while Part 5 discusses applicable U.S. law. Part 6 concludes.