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Future Prospects for Climate Engineering within the EU Legal Order

2016
Scholarly Work
Floor Fleurke
International Policy/Guidance
Carbon Dioxide Removal
European Union
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Summary/Abstract

This article explores the prospects for the EU to develop a coherent policy regarding climate engineering (CE). To this end, it explores the most significant legal parameters derived from EU law from which such a future EU policy would have to arise. Obviously, in view of the principle of conferral, it must first be established if the EU enjoys competences to initiate a discrete policy on climate engineering. The mere fact that the EU presides over a plethora of climate mitigation and adaptation instruments is not sufficient to conclude that it likewise has competence to initiate a policy of intentional environmental change. Rather, the paper establishes whether that difference is of a nature so as to rule out a future EU policy on climate engineering.

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