State Responsibility for Environmental Harm from Climate Engineering

State Responsibility for Environmental Harm from Climate Engineering Some have proposed that climate-engineering methods could be developed to offset climate change. However, whilst some of these methods, in particular a form of solar-radiation management referred to as stratospheric aerosol injection ( sai ), could potentially reduce the overall degree of global warming as well as some associated risks, they are also likely to redistribute some environmental risks globally. Moreover, they could give rise to new risks, raising the issue of legal responsibility for transboundary harm caused. This article examines the question of international accountability of states for an increased risk of environmental harm arising from a large-scale climate intervention using sai , and the legal consequences that would follow. Examination of the applicability of customary rules on state responsibility to sai are useful for understanding the limitations of the existing accountability framework for climate engineering, particularly in the context of global environmental problems involving risk-risk trade-offs and large uncertainties. http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png Climate Law Brill

State Responsibility for Environmental Harm from Climate Engineering

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Publisher
Brill
Copyright
© 2015 by Koninklijke Brill NV, Leiden, The Netherlands
Subject
Articles
ISSN
1878-6553
eISSN
1878-6561
DOI
10.1163/18786561-00504003
Publisher site
See Article on Publisher Site

Abstract

Some have proposed that climate-engineering methods could be developed to offset climate change. However, whilst some of these methods, in particular a form of solar-radiation management referred to as stratospheric aerosol injection ( sai ), could potentially reduce the overall degree of global warming as well as some associated risks, they are also likely to redistribute some environmental risks globally. Moreover, they could give rise to new risks, raising the issue of legal responsibility for transboundary harm caused. This article examines the question of international accountability of states for an increased risk of environmental harm arising from a large-scale climate intervention using sai , and the legal consequences that would follow. Examination of the applicability of customary rules on state responsibility to sai are useful for understanding the limitations of the existing accountability framework for climate engineering, particularly in the context of global environmental problems involving risk-risk trade-offs and large uncertainties.

Journal

Climate LawBrill

Published: Oct 26, 2015

Keywords: State responsibility; preventive principle; due diligence; causation; precautionary principle; climate engineering; geoengineering; stratospheric aerosol injection; termination effect

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