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The International Legal Framework for Climate Engineering

2015
Scholarly Work
Jesse Reynolds
International Policy/Guidance
Carbon Dioxide Removal → Afforestation / Reforestation
Carbon Dioxide Removal → Ocean and Coastal CDR
Carbon Dioxide Removal → Ocean Iron Fertilization
Carbon Dioxide Removal → Soil Carbon Sequestration
Convention on Biological Diversity, UNFCCC, Kyoto Protocol, London Convention/London Protocol, United Nations Convention on the Law of the Sea
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Summary/Abstract

Several of the key, recurring questions which loom over climate engineering concern how countries would interact when some of them undertake or approve actions which might impact other countries. May a state intentionally alter the climate? What would its obligations be before, during, and after doing so? What if a potentially impacted country protests or claims that is had been harmed? What if the implementing country believed that its existence was at risk due to impending climate change? What about private actors attempting climate engineering, perhaps for profit? Is there an existing legal instrument under which field tests with potential transboundary impacts could be regulated? Are countries obligated to research or implement climate engineering in order to prevent dangerous climate change? May states claim credit for greenhouse gases (GHG) removed from the atmosphere via carbon dioxide removal (CDR)?

This paper describes some international law which is applicable to these climate engineering questions, with a focus on international environmental law. It provides a brief synthesis and some recommendations for future developments.

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