Innovation and Development in the Age of Climate Change Adaptation: Open or Closed?

Change Adaptation: Open or Closed? Paper read at the Second African International Economic Law Network Conference, 7-8 March 2013, Wits School of Law, Johannesburg, South Africa. In a time of rapid convergence of technologies, goods, services, hardware, software, the traditional classifications that informed past treaties fail to remove legal uncertainty, or advance welfare and innovation. As a result, we turn our attention to the role and needs of the public domain at the interface of existing intellectual property rights and new modes of creation, production and distribution of goods and services. The concept of open culture would have it that knowledge should be spread freely and its growth should come from further developing existing works on the basis of sharing and collaboration without the shackles of intellectual property. Intellectual property clauses find their way into regional, multilateral, bilateral and free trade agreements more often than not, and can cause public discontent and incite unrest. Many of these intellectual property clauses raise the bar on protection beyond the clauses found in the WTO Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS). In this paper we address the question of the protection and development of the public domain in service of open innovation in accord with Article 15 of the International Covenant on Economic, Social and Cultural Rights (ICESCR) in light of the Objectives (Article 7) and Principles (Article 8) set forth in TRIPS. Once areas of divergence and reinforcement between the intellectual property regime and human rights have been discussed, we will enter into options that allow for innovation and prosperity in the global south. We then conclude by discussing possible policy developments.

(Table 1) Age of sediments with anomalously high Hg concentrations in core BDP-98, Lake Baikal

Mercury distribution was examined in the sediments of Lake Baikal that were sampled within the scope of the Baikal Drilling International Project in 1996-1999. The Hg concentrations in the ancient sediments are close to those in the modern sediments with the exception of a few peak values, whose ages coincide with those of active volcanism in adjacent areas. Mercury was demonstrated to be contained in the sediments in the adsorbed Hg0 mode, predominantly in relation with organic matter. When the organic matter of the bottom sediments is decomposed in the course of lithification, Hg is retained in the sediments adsorbed on the residual organic matter, and the concentration of this element corresponds to its initial content in the bottom sediments during their accumulation. Mercury concentrations in lithologically distinct bottom sediments of Lake Baikal and its sediments as a whole depend on the climate. Sediments that were formed during warm periods of time contain more Hg than those produced during cold periods or glaciation. Periodical variations in the Hg concentrations in the bottom sediments of Lake Baikal reflect the variations in the contents of this element in the Earth's atmosphere in the Late Cenozoic, which were, in turn, controlled by the climatic variations on the planet and, thus, can be used for detailed reconstructions of variations in the average global temperature near the planet's surface.

Data on mineral composition of volcanic glass and radiocarbon age of Upper Quaternary sediments from the Sea of Okhotsk

Lithological horizons have been distinguished in sediments cores from different parts of the Sea of Okhotsk based on primary descriptions of sediments and smear slides, and analyses of contents of both calcium carbonate and organic carbon, and opal. Sediment lithology has been correlated with oxygen isotope records and the standard isotope scale and radiocarbon data by AMS method for three cores studied in detail. This allowed to determine in detail periods of carbonaceous and diatomaceous ooze accumulation in the Sea of Okhotsk. Changes in magnetic susceptibility and grain size composition of sediments have been also compared with oxygen-isotope curves and radiocarbon datings. Obtained results confirm that variations in magnetic susceptibility are related with oxygen-isotope stages and influenced by climatic changes. Tephra interlayers K0, TR, K2, K3 have been identified by mineralogical analyses in all studied cores. Stratigraphic location of these tephra interlayers in detailed studied cores and their radiocarbon ages (8.1, 8.05, 26.8, and about 60 ka, respectively) provided base correlation between the interlayers and volcanic eruptions on the Kamchatka Peninsula and the Kuril Islands. This allows to use the former ones as time markers for deep-sea sediments of the Sea of Okhotsk. New lithostratigraphic and tephrochronologic data obtained allowed to correlate Upper Quaternary sediments from the Sea of Okhotsk.

Aragonite content, stable oxygen isotopes of Globigerioides ruber, and age of ODP Site 166-1006 sediments

The 1.4-m.y.-long stable oxygen isotope record of Site 1006 in the low-latitude North Atlantic Ocean shows large glacial/interglacial amplitude changes caused by a combination of temperature and salinity fluctuations. A trend of increased sea-surface temperatures during the interglacial periods is present in the record beginning at isotopic Stage 11 and ultimately leading to the lightest d18O values in isotopic Stages 9, 5, and 1. Maximum d18O values are recorded during glacial isotopic Stages 6 and 8. Stable isotopic variability increased during the Brunhes Chron at the 100-ka time scale. The large amplitude changes can best be explained by global and regional ocean circulation changes. Increased strengthened return flow of warm salty water from the Pacific may have occurred during interglacial periods since isotopic Stage 11, which was largely reduced during glacial periods. The large climate fluctuations had a profound effect on the shallow-water carbonate production of the Great Bahama Bank. The aragonite content of the sediments shows fluctuations that follow the d18O record. The leeward side of the Great Bahama Bank received increased input of platform material during sea-level highstands when the sea-surface waters were warm.

Chemical composition and age of magmatic rocks from the underwater Hokkaido Rise

Geological and geophysical investigations carried out within the Hokkaido Rise showed that intrusives composing outcrops of the crystalline basement on the ocean floor form a continuous series from monzonites and diorite-monzonites to granites with prevalence of granodiorites with stable mineralogical association: biotite - hornblende - K-feldspar. Acidic volcanic rocks are characterized by a similar mineralogical association with almost complete absence of plagioclase-pyroxene species. It seems that the Hokkaido Rise, as well as the marginal oceanic Zenkevich swell as a whole are not primary oceanic structural formations and have undergone a complex and long history of geological development with intense orogenic movements that occurred in Middle Cretaceous and preceded subalkaline basalt outpouring during postorogenic subsidence of the Earth crust.

Chemical composition and K-Ar age of rocks from the northern Sea of Japan

The Middle Paleozoic complex consists of terrigenous and volcanogenic materials metamorphized in greenschist facies. Clastic rocks have arkosic composition and are formed by alteration of basalts and metamorphic rocks. Metaeffusives were formed from basaltoid products of oceanic tholeiite magma indicating that underwater rise structures of the northern Sea of Japan were emplaced on the oceanic crust.