http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2326913

Climate Engineering Field Research: The Favorable Setting of International
Environmental Law

Jesse Reynolds

Tilburg University - Department of European & International Public Law;
Tilburg University - Tilburg Sustainability Center
September 17, 2013
Forthcoming in Washington and Lee Journal of Energy, Climate, and the
Environment, Vol. 5 No.2 (2014)

Abstract:

As forecasts for climate change and its impacts have become more negative,
climate engineering proposals have come under increasing consideration and
are presently moving toward field trials. This article examines the
relevant international environmental law, distinguishing between climate
engineering research and deployment. It also maintains an awareness of
climate change itself and emphasizes the enabling function of law. It
concludes that extant international environmental law generally favors such
field tests. This is in large part because, even though field trials may
present uncertain risks to the environment and human well-being, climate
engineering may reduce the much greater risks of climate change. Notably,
this favorable legal setting is present in those multilateral environmental
agreements whose subject matter is closest to climate engineering.
Secondary reasons are that several relevant agreements encourage scientific
research and technological development, and that climate engineering
research is consistent with principles of international environmental law
such as precaution. Existing law imposes procedural duties on the states
which are responsible for the field research, as well as a handful of
particular prohibitions and constraints.

Number of Pages in PDF File: 49

Keywords: climate change, climate engineering, geoengineering,
international environmental lawAccepted Paper Series

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