Regardless of the framing, while it is undoubtedly true that some people will claim they have been damaged or that they were losers, as a technical matter that is certainly not the forgone conclusion that people seem to blithely assume that it is. (Aside from the obvious case of those who stand to benefit from climate change, and hence are “damaged” by mitigation as well.)
Of course, the thorny question is what constitutes “losing” or “damages” in this context… From: [email protected] [mailto:[email protected]] On Behalf Of Andrew Lockley Sent: Friday, July 10, 2015 10:49 AM To: geoengineering Subject: [geo] International liability for transboundary damage arising from stratospheric aerosol injections 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 -- You received this message because you are subscribed to the Google Groups "geoengineering" group. To unsubscribe from this group and stop receiving emails from it, send an email to [email protected]. To post to this group, send email to [email protected]. Visit this group at http://groups.google.com/group/geoengineering. For more options, visit https://groups.google.com/d/optout. -- You received this message because you are subscribed to the Google Groups "geoengineering" group. To unsubscribe from this group and stop receiving emails from it, send an email to [email protected]. To post to this group, send email to [email protected]. Visit this group at http://groups.google.com/group/geoengineering. For more options, visit https://groups.google.com/d/optout.
