2. The concept and goals of geoengineering
Despite important differences between various GE techniques and approaches, they share some fundamental features. Firstly, GE does not deal with the problem at its source, that is, it does not seek to accomplish reductions of greenhouse gas (GHG) emissions. GE techniques only tackle consequences of the global warming by temporarily cooling the Earth on a global or regional basis. Nevertheless, GE is a potential solution for this issue of global concern. At some point in future, application of GE to ‘turn the thermostat down’ may become inevitable as a measure of last resort.
Secondly, GE is technology-intensive and increasingly commercialized.(1) Chalmin, A. (2023, February 15). Commercialization in Geoengineering Continues to Increase. https://www.geoengineeringmonitor.org/2023/02/quarterly-review-iv/. Already in foreseeable future, it is likely to evolve from an experimental scientist-driven and small-scale into commercial, market-driven activity. Thirdly, an inherently transboundary nature of GE - and the impact it may have on global climate and environment - makes it a matter of high concern for the international community of States and for the humankind. The pertinence of international legal solutions to govern GE has been highlighted in scientific reports, academic literature and statements by international organizations.(2) Joint Group of Experts on the Scientific Aspects of Marine Environmental Protection (GESAMP) (2019), High Level Review of a Wide Range of Proposed Marine Geoengineering Techniques. http://www.gesamp.org/publications/high-level-review-of-a-wide-range-of-proposed-marine-geoengineering-techniques; Intergovernmental Panel on the Climate Change (IPCC) (2022). Climate Change 2022: Mitigation of Climate Change. Contribution of Working Group III to the Sixth Assessment Report of the Intergovernmental Panel on Climate Change. doi: 10.1017/9781009157926; UN Environmental Program (UNEP) (2023). One Atmosphere: An independent expert review on Solar Radiation Modification research and deployment. https://wedocs.unep.org/bitstream/handle/20.500.11822/41903/one_atmosphere.pdf?sequence=3&isAllowed=y; Proelss, A. (2012). Geoengineering and International Law. Security and Peace, 30(4), 205-211. https://doi.org/10.5771/0175-274x-2012-4-205.
GE is not presently regulated by a comprehensive, uniform and coherent international legal regime, but by a fragmented patchwork of international legal principles and rules.(3) Royal Society. (2024). UK‑Norway bilateral workshop on science and the law of the environment meeting report. https://royalsociety.org/-/media/policy/publications/2024/des8768_1_uk-norway-bim_conference-report_web.pdf; GESAMP, ibid; Proelss, ibid. International law development on GE should be seen in a broader international law landscape, as GE regulation evolves in a close interplay with other areas of international law (climate change and environmental protection, global commons, human rights etc).