Poster's note : I've seen several similar pieces of work recently. The
framing of "damages" to me seems less helpful than "winners and losers".
The latter implies potentially predictable choices, and not reckless
accident.

http://www.tandfonline.com/doi/full/10.1080/17579961.2015.1052645#abstract

International liability for transboundary damage arising from stratospheric
aerosol injections

Barbara Saxler, Jule Siegfried and Alexander Proelss
a Department of Law, Trier University, Germanyb Institute of Environmental
and Technology Law, Trier University, Germany

Law, Innovation and Technology

Volume 7, Issue 1, 2015, pages 112- 147
Published online: 01 Jul 2015

The large-scale implementation of stratospheric aerosol injection (SAI) may
potentially lead to disastrous transboundary damage. Before implementation
of this technique is initiated, it is crucial to address the issue of
compensation for potential victims of such damage. However, international
law does so far not provide for a specific liability regime for SAI. This
study assesses if and to what extent existing international rules on
liability could be applicable to SAI damage. Apart from the assessment of
the rules on State responsibility, the question whether States can
generally be held internationally liable for damage arising from lawful
activities is addressed. In addition, liability regimes concerning
ultra-hazardous activities that are comparable to SAI are analysed, taking
into account their potential relevance for the design of a future SAI
liability regime. The issue of uncertainty is particularly challenging in
the context of SAI, as usually evidence concerning the causality between
implementation and potential damage would have to be produced. The study
concludes that existing international liability rules are not capable of
providing equitable and effective compensation for SAI damage. Still,
valuable approaches can be found in these regimes in order to identify the
main elements which a future SAI liability regime would have to address in
order to ensure such compensation.

Keywords: climate engineering, stratospheric aerosol injection,
international liability, transboundary damage, uncertainties, causation,
ultra-hazardous activities

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