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2019 CCLR 122 (2019)
The Stormy Emergence of Geoengineering in the International Law of the Sea

handle is hein.journals/cclr2019 and id is 137 raw text is: CCLR 212019 The Stormy Emergence of Geoengineering in the International Law of the Sea Sophie Gambardella* The development of geoengineering applied to the oceans -fertilisation, trapping and geo- logical storage of CO2 - has put two areas of international environmental law in tension: cli- mate law and international law of the marine environment. This study aims to look at the role that international environmental law could or should play in the development of geo- engineering. The discussions that have taken place on geoengineering in international fora are rich in lessons about these rights themselves and with regard to their effectiveness and efficiency. Thus, questions of good governance' emerge. It is therefore a question of present- ing the various possibilities offered by international law to frame - even forbid - these new practices. 1. Introduction This paper was first presented at an October 2018 in- ternational conference held in Rennes (France), whose title roughly translated as 'Storm Alert for the Planet: Rethinking Climate and Environmental En- gineering for the Anthropocene'.1 Our lively scientif ic exchanges there reflected the environmental emer gency we have been facing since the early twenty first century. The IPCC's Special Report on Global Warming of 1.5'C, published a few days earlier, had been an initial reminder of this emergency, which needs to be addressed without delay.2 But how? The paradigm of diplomatic action on climate issues ap- pears to have changed drastically in recent years. In- deed, plans to curb climate change are no longer on- ly based on preventive efforts to reduce environmen- tal damage risks, but increasingly count on a techno- logical corrective feat - namely, climate geoengineer DOI: 10.21552/cclr/2019/2/7 Sophie Gambardella is a CNRS Research Fellow, University of Strasbourg, F-67000 Strasbourg, France. For correspondence <gambardella@unistra.fr>. The paper was translated from French to English byJean-Yves Bart. This article received support from the Maison Interuniversitaire des Sciences de I'Homme d'Alsace (MISHA) and the Excellence Initiative of the University of Stras- bourg. 1 In the original French: Temp6te sur la planite! Penser le droit et les politiques de /'ing6nierie climatique et environnementale & I'heure de I'anthropocine. 2 GIEC/IPCC, 'Special Report: Global Warming of 1,50C' (2018) <https://www.ipcc.ch/srl 5/> accessed 28 March 2019. ing. Large-scale geoengineering solutions have only reached experimental stage at this point, but the fea- sibility of their implementation in the medium-term is increasingly likely. Researchers in the prospective brainstorming workshops REAGIR have defined en- vironmental geoengineering as 'all the technologies and practices implemented or projected for the pur poses of large-scale correction of effects resulting from anthropogenic pressure on the environment'.4 Applied to the climate, these technologies and prac- tices aim at correcting man-made climate change on a global scale - the definition of geoengineering adopted by the Royal Society of London is consistent with this: 'deliberate large-scale intervention in the Earth's climate system, in order to moderate global warming.5 As the scope of these technologies is poised to extend beyond state borders, international law will have to address them, and provide a frame- work for their use. To consider the ways in which in- 3 Wil C G Burns and Andrew L Strauss (Eds) Climate Change Geoengineering: Philosophical Perspectives, Legal Issues and Governance Frameworks (Cambridge University Press, 2013); Clive Hamilton, Les apprentis sorciers du climat. Raisons et d6raisons de la g6o-ing6nierie (Seuil, 2013). 4 Our translation. Atelier de r6flexion prospective de I'Anr Reagir 'R6flexion syst6mique sur les enjeux et m6thodes de la g6o- ing6nierie de I'environnement', Document de synthbse' (2014) <http://www.agence-nationale-recherche.fr/fileadmin/documents/ 2016/ARP-REAGIR-avril-2014.pdf> accessed 28 March 2019. 5 The Royal Society, 'Geoengineering the Climate: Science, Gover- nance and Uncertainty' (2009) <https://royalsociety.org/~/media/ royal-societyContent/policy/publications/2009/8693.pdf> ac- cessed 28 March 2019. 122 |1

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