http://opiniojuris.org/2021/01/20/geoengineering-and-the-use-of-force/

Geoengineering and the Use of Force

20.01.21 | 0 Comments
[Craig Martin is a Professor at Washburn University School of Law,
specializing in legal constraints on the use of force and armed conflict,
in both international law and comparative constitutional law. He can be
found on Twitter: @craigxmartin.]

It is now widely accepted that the climate change crisis is going to
contribute to increasing levels of armed conflict among and within states
in the coming decades. Less widely considered is the effect the crisis may
have on the jus ad bellum regime. In a two-part essay in Opinio Juris (and
in a much longer law review article), I have suggested that there will be
growing pressure to relax the jus ad bellum regime when the more dire
consequences of the climate change crisis begin to manifest themselves.
That is, there will be mounting claims that the threat or use of force may
be justified against those “climate rogue states” perceived to be
recklessly and unlawfully contributing to the growing threat to
international peace and security.

This argument may seem rather radical and unlikely from today’s
perspective. But in this essay, I will examine how the case of
geoengineering may help to illustrate just how some of the threats posed by
climate change will create real tension for the jus ad bellum regime. The
essay explores the hypothetical situation in which one country moves to
unilaterally engage in a geoengineering scheme that many other states think
will cause catastrophic harm to the climate and the ecosystem. How would
the international community likely respond, and with what implications for
international law?

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