Climate Engineering: Does it Violate International Law or Provide a Avenue for Environmental Protection?

Climate Engineering: Does it Violate International Law or Provide an Avenue for Environmental Protection?

Climate change is a global problem that continues to pose serious challenges to mankind. The continuous release of greenhouse gases (GHGs), particularly carbon dioxide (CO2) generated by activities, including burning of fossil fuels, deforestation, and industrial processes, is the primary cause of global warming. The increase in global temperature has led to erratic and unpredictable weather patterns, rising sea levels, ocean acidification, loss of biodiversity, and other debilitating consequences. Scientists have pointed out that it is crucial for the world to achieve net-zero greenhouse gas emissions by mid-century if the earth is to be habitable for future generations. Achieving this goal requires a combination of strategies, including energy efficiency, renewable energy, carbon capture, utilization, and sequestration (CCUS), as well as behavioral change. Another strategy that is gaining attention is climate engineering, also called geoengineering.

Climate engineering, which involves deliberate large-scale interventions in the earth's system, has received growing attention from policymakers and scientists as a potential solution to slow the pace of climate change. Climate engineering includes two major techniques – solar radiation management (SRM) and carbon dioxide removal (CDR). SRM involves reflecting some of the sun's rays back to space to cool the earth's surface, while CDR involves extracting CO2 from the atmosphere and storing it in geological formations. These technologies are designed to reduce solar radiation, increase reflectivity, reduce heat retention, and remove CO2 from the atmosphere, thus reducing global warming.

Despite the potential benefits of climate engineering, it raises a number of ethical, social, geopolitical, and legal issues. One of the contentious issues is whether climate engineering violates international law or provides an avenue for environmental protection. This article explores the different perspectives and controversies surrounding climate engineering and whether it is compatible with international law.

Implications of Climate Engineering for International Law

International law is a set of rules, principles, and customs that govern the relationships among nations. It is a vital tool for addressing global challenges to harmonize the actions of states, uphold human rights, promote peace, and protect the environment. Thus, every action that states take in the international realm must conform to international law. Climate engineering is no exception.

Climate engineering raises several issues that relate to international law. For instance, climate engineering may affect the global environment and disrupt ecosystems, which cross borders. The deployment of these technologies could also have unintended consequences, such as shifting rainfall patterns and undermining food security, that might destabilize regions and exacerbate existing conflicts. Therefore, international law must regulate the use and deployment of climate engineering technologies to ensure that they do not disproportionately harm certain regions or nations.

Moreover, climate engineering could exacerbate social and environmental injustices. For example, SRM technologies could create a situation where the benefits of mitigation accrue to some countries while the adverse effects affect others. Therefore, it is essential to have a legally binding global agreement that addresses the equitable distribution of the benefits and risks of climate engineering.

The application of climate engineering could also have serious implications for states' territorial jurisdiction and their national sovereignty. For example, SRM technologies could interfere with the existing atmospheric conditions and upset the delicate ecological balance, creating conflicts between states that share the same atmospheric space. Therefore, international law must clarify the technological and territorial boundaries that states must respect.

Climate Engineering and the Framework Convention on Climate Change (FCCC)

The United Nations Framework Convention on Climate Change (FCCC) is an international treaty that aims to prevent “dangerous anthropogenic interference with the climate system” and stabilize GHGs in the atmosphere at a level that avoids catastrophic climate change. It recognizes that the earth's climate system is a shared resource and that all nations share common but differentiated responsibilities to address climate change. Therefore, any action taken to address climate change must comply with the Convention.

Climate engineering emerged as a potential solution to the climate change crisis after the adoption of the FCCC in 1992. However, the FCCC recognizes that climate change requires a mitigation and adaptation approach that is socially and economically sustainable. The Convention acknowledges the urgent need to reduce GHGs through measures like energy efficiency, renewable energy, and other common solutions that reduce GHGs' impact.

Therefore, climate engineering must be considered as a last resort after all feasible mitigation and adaptation options have been explored. The Conference of Parties (COP) to the FCCC has also requested a report on geoengineering in 2014, and subsequent decisions have been adopted to regulate the testing, deployment, and regulation of climate engineering.

The FCCC sets out several principles that must be respected when deploying climate engineering solutions. Parties must respect the sovereignty of states and their territorial integrity, as well as international law, when addressing the challenges of climate change. The FCCC also encourages the promotion of intergenerational equity, the protection of human and environmental rights, and the promotion of sustainable development. Therefore, any climate engineering solution must take these principles into account when developing climate engineering technologies.

Climate Engineering and Human Rights

Climate engineering raises ethical and social issues, particularly around human rights. The massive deployment of climate engineering technologies in the atmosphere could have adverse impacts on the physical and social economies of some states. For instance, SRM technologies could induce a change in rainfall patterns, causing droughts in some areas, while the creation of artificial clouds could cause harm to ecosystems such as marine life.

Therefore, any deployment of climate engineering technologies must be compatible with the human right to a healthy environment, which is recognized by the International Convention on Civil and Political Rights and the International Convention on Economic, Social and Cultural Rights. A significant concern is that the unintended consequences of climate engineering could undermine the right to food, water, and health, and exacerbate existing inequalities among regions and populations.

The human right aspect of climate engineering raises questions regarding who will benefit from these technologies, how the risks will be distributed, who will be liable for any adverse outcomes, and how the human rights perspective can be mainstreamed in the development and regulation of these technologies. Thus, the deployment of climate engineering technologies demands an integrated approach that prioritizes the protection of human rights and supports sustainable development.

Climate Engineering and Intergenerational Equity

Climate engineering also impacts intergenerational equity, which refers to the principle that present generations should not compromise the ability of future generations to meet their needs. Climate engineering solutions such as CDR have a long-term impact on global warming by reducing the amount of CO2 in the atmosphere and slowing down the increase in temperature. However, these technologies could also have unintended consequences that could impact future generations.

Intergenerational equity requires that the benefits and risks of climate engineering are balanced, and the benefits of these technologies should not accrue to present generations alone. Therefore, the deployment of climate engineering technologies requires intergenerational cooperation, with present generations paying due regard to the needs and interests of future generations. There must also be an agreement on a shared vision of the future, and a commitment to the sustainable development of the planet.

The Future of Climate Engineering in International Law

The application of climate engineering technologies has the potential to address the climate change challenge, but it must be done within the framework of international law. Following the debate and controversy surrounding the deployment of these technologies, there are several proposals for regulating their use, including the creation of a global governance framework.

The broader debate on climate engineering in international law is starting to gather momentum, with various initiatives and proposals being put forward on how to regulate the use of these technologies. These initiatives aim to prevent or mitigate negative impacts while promoting their benefits and avoiding harm to communities and ecosystems.

One proposed approach is the establishment of a global governance mechanism that would be responsible for regulating the research, development, and deployment of climate engineering technologies. The governance mechanism would ensure mandatory consultation with affected communities, ethical, legal, and social considerations, and would promote transparency, accountability, and responsibility in the use of these technologies.

Conclusion

Climate change poses a global threat to humanity that requires immediate action. While mitigation and adaptation remain crucial strategies, the deployment of climate engineering solutions could potentially slow down the pace of climate change. However, the deployment of these technologies raises ethical, legal, and social issues, including their compatibility with international law.

Climate engineering must be regulated in accordance with international law to ensure that the benefits accrued are equitable, and the risks are reduced. The deployment of these technologies must also take into account human rights, social justice, and intergenerational equity. However, it remains to be seen whether the international community will be able to agree on a common framework for the effective regulation of climate engineering technologies, and the extent to which these technologies will be deployed in the fight against climate change.