Concept and Definition of Geoengineering
Geoengineering refers to systematic interventions in the Earth system with the aim of mitigating, slowing, or limiting the effects of climate change. This includes, in particular, large-scale measures in the atmosphere, oceans, or on land, intended to influence the global average temperature or other environmental parameters. Well-known methods include Solar Radiation Management (SRM) and Carbon Dioxide Removal (CDR).
Geoengineering thus fundamentally differs from conventional climate protection measures such as energy efficiency or emissions reduction and sits at the intersection of environmental sciences, technology, ethics, and law.
Legal Framework of Geoengineering
International Law
Convention on Biological Diversity
The Convention on Biological Diversity from 1992 includes provisions for the precautionary handling of new technologies, including geoengineering. In 2010, a de facto moratorium on geoengineering projects was adopted until an adequate scientific basis and an internationally agreed regulatory framework exist. Although decisions under this convention are not legally binding under international law, they send a strong signal for regulatory restraint.
London Convention and Protocol
The London Convention from 1972 and its Protocol from 1996 regulate the prohibition and control of marine pollution from the dumping of waste and other substances. With regard to geoengineering, the prohibition of large-scale ocean fertilization projects (so-called Ocean Fertilization) is particularly noteworthy. In 2013, an additional protocol was adopted that more strictly controls geoengineering activities in the marine sector and only permits them for research purposes under strict conditions.
UN Framework Convention on Climate Change and Paris Agreement
The United Nations Framework Convention on Climate Change and the Paris Agreement do not contain specific regulations on geoengineering. However, geoengineering measures that bind greenhouse gases or absorb emissions may potentially be included in reporting under Nationally Determined Contributions.
European Law
Environmental Law Provisions
Within the framework of the European Union, there are currently no specific regulations on geoengineering. Existing directives – such as those on environmental impact assessment, chemicals regulation (REACH), water law, or marine environmental law – may apply depending on the type of measure. In addition, planned measures could fall under rules ensuring public participation and access to environmental information.
Fundamental Rights and the Precautionary Principle
The use of geoengineering measures touches on fundamental rights, in particular environmental protection, the right to health, and property rights under the EU Charter of Fundamental Rights. The European precautionary principle is also decisive: Before large-scale interventions are permitted, comprehensive risk assessment and proof of safety are required.
National Law (Example: Germany)
Environmental Liability Law
In Germany, geoengineering measures are fundamentally assessed under the environmental law regime. Strict liability for environmental damage that may arise from large-scale experiments is established by law. Further relevant laws on immission control and water resources may also apply.
Approval Procedures
Depending on the type of planned geoengineering measure, approvals may be required under laws on immission control, nature conservation, water resources, or other specific laws. Environmental impact assessments and the participation of affected members of the public as well as consideration of international obligations are also essential.
Liability and Responsibility Issues
Polluter Pays Principle and Liability
The classic environmental law polluter pays principle requires the party responsible for harmful environmental impacts to pay for the damages incurred and avoid risks. In the context of geoengineering, the complex question arises of who is liable for transboundary or global effects, particularly when damages arise across borders or in other countries or world regions.
Government Monitoring and Control
The implementation of geoengineering projects is subject to regulatory oversight. State authorities are obliged to monitor measures, verify compliance, and impose sanctions for violations. International cooperation is essential in this context, as many geoengineering activities affect the global climate and therefore require uniform legal enforcement.
Ethics, Public Participation, and Participation Rights
Public Participation
Measures in the field of geoengineering are regularly large-scale and potentially consequential. For this reason, comprehensive information and the involvement of the public are required. Participation rights exist at both the EU and national levels, for example through environmental impact assessment procedures and public participation within relevant frameworks.
Ethical and Social Aspects
In addition to legal questions, geoengineering also raises fundamental ethical questions, such as the acceptance of large-scale interventions, global justice, and the balance of intergenerational interests. The integration of ethical guidelines into regulatory controls often occurs as a supplement to the legal regulatory framework.
Challenges and Perspectives of Regulation
Lack of International Coordination
Global and national regulations are currently only fragmentary. A comprehensive, unified legal framework to coordinate and regulate geoengineering at the global level does not currently exist. The development of such instruments is one of the major challenges in international policy.
Future Development and Regulatory Needs
Given the increasing significance of geoengineering in political and scientific discourse, the need for clear legal foundations, liability systems, transparency requirements, risk assessment, and opportunities for participation is growing. Future legislation must take into account rapid scientific progress and the particular gravity of such measures.
Summary
Geoengineering describes extensive, technology-based interventions in global environmental processes and is legally highly complex. Regulation to date is carried out by a variety of international, European, and national norms derived from general environmental law, liability law und administrative law. However, a coherent, binding international legal framework is still in development. Due to potential risks and transboundary effects, participation, precaution and liability are central keywords in current and future legal consideration of geoengineering.
Keywords: Geoengineering, law, environmental law, international agreements, liability, precautionary principle, regulation, public participation, risks, climate, environmental compatibility.
Frequently Asked Questions
Who is responsible for authorizing geoengineering measures at the international level?
Under international law there is currently no central supranational authority that grants universally valid approvals for geoengineering projects. Instead various international agreements and organizations are involved with responsibilities depending on type and location of planned measure. Important treaties include agreements on biological diversity protection and marine pollution prevention as well as regional agreements. Projects that touch international law – for example because they have cross-border effects or take place outside national jurisdictions (high seas) – may be reviewed by international organizations such as maritime organizations or subject-specific committees. Nevertheless general practice is that state whose territory or exclusive economic zone (EEZ) is affected grants initial approval. International coordination is currently only mandatory in exceptional cases which leads to fragmented responsibilities and legal gray areas under international law.
Which national laws apply to geoengineering measures?
Geoengineering is usually not regulated by special laws but by application of existing environmental water and air law provisions within countries. Depending on type of measure different areas of law apply – for example immission control law water resources legislation nature conservation or aviation law. Measures affecting atmosphere can be subject to air traffic or weather control laws where available while marine projects fall particularly under coastal protection fisheries or marine environmental protection laws. For large-scale or particularly intervention-intensive projects extensive permitting and participation procedures such as environmental impact assessments would generally be required. However there remains considerable legal uncertainty since geoengineering as a new phenomenon often lacks explicit regulation.
Are geoengineering measures subject to notification or approval requirements?
The obligation to notify or obtain approval depends on type scale and location of measure. In almost all countries activities with significant impacts on environment climate or nature require approval often coupled with comprehensive environmental impact assessment (EIA). International projects – such as intentional introduction of substances into sea (ocean fertilization) or aerosol injection into atmosphere – may entail additional reporting requirements to international bodies depending on context. It also matters whether project serves research or application purposes – purely laboratory or manageable field trials may be subject to lower requirements but alignment with relevant authorities remains recommended even then.
What liability rules apply if damages arise from geoengineering measures?
Since geoengineering can potentially have far-reaching transnational effects a variety of national and international liability regimes apply. Under international law states are liable for damages caused by activities on their territory to other states or international community (polluter pays principle). Relevant considerations include principles of international environmental law liability conventions as well as mechanisms from general civil law such as tort liability or strict liability – each with particular challenges regarding proof of causality. At national level there are additional special provisions depending on jurisdiction including those concerning environmental damage water resources or environmental liability acts where applicable. Enforcement of claims for damages however often proves complicated internationally due to significant legal hurdles.
To what extent must geoengineering projects take into account rights of indigenous and local communities?
Geoengineering measures taking place where indigenous or local communities live or claim traditional rights are subject to protection through international and national minority rights regimes. This particularly concerns conventions on indigenous rights which provide for right to consultation and participation as well as national laws granting special protection positions through mandatory hearings rights to object or right to file lawsuits during planning processes or major environmental procedures. Projects without effective participation may be declared void or halted; they may also lead to compensation obligations. Furthermore principle of free prior and informed consent applies especially regarding interventions into traditional territories.
What is relationship between geoengineering practices and climate protection agreements?
Main climate protection agreements primarily promote emissions reduction and adaptation but do not mention geoengineering explicitly. Under current law use of geoengineering is not fundamentally prohibited but all measures must satisfy obligations regarding transparency environmental protection and social participation. Parties are required to assess risks and side effects and exclude negative external effects through appropriate safeguards; principles like ‘no harm’ principle and precautionary principle must also be observed. Inclusion of projects into national contributions depends on practice within each state but remains controversial especially due to ethical and legal debates.
Are research projects on geoengineering subject to special legal requirements?
Research projects on geoengineering are legally assessed differently than large-scale application projects but they are not unregulated: Experimental interventions especially those affecting atmosphere soil or water bodies may require approval depending on national research or environmental laws as well as relevant international provisions where cross-border effects occur. Research projects generally require ethical and legal review including assessment regarding necessity lack of viable alternatives compliance with precautionary principles; special requirements also apply concerning transparency publication obligations monitoring and decommissioning options especially if genetically modified organisms are used.
