cbd-ts-66-en
cbd-ts-66-en
cbd-ts-66-en
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CHAPTER 6<br />
CONCLUSIONS<br />
Part II: The Regulatory Framework for Climate-related Geo<strong>en</strong>gineering Relevant to the Conv<strong>en</strong>tion on Biological Diversity<br />
As an overarching concept including several distinct concep<strong>ts</strong> and technologies, geo<strong>en</strong>gineering is curr<strong>en</strong>tly<br />
not as such prohibited by international law. Specific geo<strong>en</strong>gineering activites and pot<strong>en</strong>tial impac<strong>ts</strong> of specific<br />
geo<strong>en</strong>gineering concep<strong>ts</strong> might violate particular rules, however. Additional information on geo<strong>en</strong>gineering<br />
impac<strong>ts</strong> would assist in the evaluation of such applicability and support the id<strong>en</strong>tification of gaps.<br />
It has be<strong>en</strong> argued that at pres<strong>en</strong>t, no international treaties or institutions exist with a suffici<strong>en</strong>t mandate to regulate<br />
the full spectrum of possible geo<strong>en</strong>gineering activities.185 However, there are existing rules that would apply to<br />
some geo<strong>en</strong>gineering activities, and institutions with at least a partial mandate to address it. A summary of the<br />
applicability of the various treaties examined in this report to several geo<strong>en</strong>gineering techniques is provided in<br />
annex III below.<br />
Most treaties, but not all, pot<strong>en</strong>tially provide for mechanisms, procedures or institutions that could determine<br />
whether the treaty in question applies to a specific geo<strong>en</strong>gineering activity and could address such activities. In<br />
particular, most relevant treaties have in place a Confer<strong>en</strong>ce of the Parties (COP) or other institution that can<br />
determine to what ext<strong>en</strong>t geo<strong>en</strong>gineering can be addressed by the treaty in question and i<strong>ts</strong> bodies.<br />
Space law does not have the features of more modern <strong>en</strong>vironm<strong>en</strong>tal treaty regimes. It remains to be se<strong>en</strong> whether<br />
the United Nations Committee on the Peaceful Uses of Outer Space (COPUOS) would be suitable for elaborating<br />
specific guidance.<br />
Some rules analysed in this study could apply to particular geo<strong>en</strong>gineering concep<strong>ts</strong> and could restrict them<br />
dep<strong>en</strong>ding on specific impac<strong>ts</strong>. Whether such impac<strong>ts</strong> would actually occur is difficult to assess or predict at this<br />
stage. Some rules do not require actual impac<strong>ts</strong> but let pot<strong>en</strong>tial or likely impac<strong>ts</strong> suffice.<br />
Some g<strong>en</strong>eral rules, such as for the prev<strong>en</strong>tion of transboundary <strong>en</strong>vironm<strong>en</strong>tal harm, may be int<strong>en</strong>ded to cover<br />
subsequ<strong>en</strong>t developm<strong>en</strong><strong>ts</strong>. In contrast, other rules may not be applicable, or may not provide a clear permission<br />
or prohibition of geo<strong>en</strong>gineering.<br />
This study follows a cautious approach in applying or drawing conclusions from existing legal rules.186 In accordance<br />
with established methods of legal interpretation,187 it considers that rules that were adopted without considering<br />
geo<strong>en</strong>gineering, and whose normative cont<strong>en</strong>t is g<strong>en</strong>eral or vague, are op<strong>en</strong> to interpretation, and do not on the<br />
face of it speak in favour of or against geo<strong>en</strong>gineering as such.<br />
One gap in international <strong>en</strong>vironm<strong>en</strong>tal governance is the lack of mechanism or treaty to deal with the assessm<strong>en</strong>t<br />
of technologies before they are commercialized. This gap was pointed out, for example, by the International<br />
Assessm<strong>en</strong>t of Agricultural Knowledge, Sci<strong>en</strong>ce and Technology.188 It has also be<strong>en</strong> referred to repeatedly by civil<br />
society organizations concerned about the social and <strong>en</strong>vironm<strong>en</strong>tal impac<strong>ts</strong> of new technologies in the context<br />
of UNFCCC.189<br />
Before the t<strong>en</strong>th meeting of the Confer<strong>en</strong>ce of the Parties to the Conv<strong>en</strong>tion on Biological Diversity, ocean<br />
fertilization (and carbon capture and storage) were the only geo<strong>en</strong>gineering concep<strong>ts</strong> addressed as such at an<br />
international regulatory level, namely by the CBD and the London Conv<strong>en</strong>tion/London Protocol (LC/LP).<br />
185 Lattanzio and Barbour (2010), p. 3; Barrett (2008), p. 9.<br />
186 As suggested by Bodansky as early as 1996; see Bodansky (1996), p. 316.<br />
187 Cf. Article 31 and 32 of the Vi<strong>en</strong>na Conv<strong>en</strong>tion on the Law of Treaties.<br />
188 McIntyre et al. (2009), p. 467; see ETC Group (2009a) and ETC Group (2011).<br />
189 TWN Info Service on Climate Change (Sept11/02), 6 September 2011, Third World Network, http://www.twnside.org.sg/title2/<br />
climate/info.service/2011/climate20110902.htm.<br />
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