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Does the ‘No-Harm’ Rule Have a Role in Preventing Transboundary Harm and Harm to the Global Atmospheric Commons from Geoengineering?

Does the ‘No-Harm’ Rule Have a Role in Preventing Transboundary Harm and Harm to the Global... Solar Radiation Management ( srm ) geoengineering poses a significant risk of transboundary and global atmospheric harm. How might international law regulate the future use of srm ? We explore how the ‘no-harm rule’ from customary international law might contribute to the international governance of future attempts at srm . The no-harm rule imposes a legal duty on states to prevent significant damage across borders and in the global commons. Existing geoengineering literature assumes that, as the international law system lacks a mandatory enforcement mechanism, the no-harm rule will play little or no role in the governance of srm . We challenge this assumption by focusing on the possibilities of compliance with the no-harm rule through bolstering its legitimacy and sense of legal obligation. We explain how Brunnée and Toope’s theory of ‘interactional international law’ might provide a useful lens for developing the no-harm rule in this way to independently respond to the risks posed by srm . http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png Climate Law Brill

Does the ‘No-Harm’ Rule Have a Role in Preventing Transboundary Harm and Harm to the Global Atmospheric Commons from Geoengineering?

Climate Law , Volume 5 (1): 35 – Aug 26, 2015

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Publisher
Brill
Copyright
© 2015 by Koninklijke Brill NV, Leiden, The Netherlands
Subject
Articles
ISSN
1878-6553
eISSN
1878-6561
DOI
10.1163/18786561-00501007
Publisher site
See Article on Publisher Site

Abstract

Solar Radiation Management ( srm ) geoengineering poses a significant risk of transboundary and global atmospheric harm. How might international law regulate the future use of srm ? We explore how the ‘no-harm rule’ from customary international law might contribute to the international governance of future attempts at srm . The no-harm rule imposes a legal duty on states to prevent significant damage across borders and in the global commons. Existing geoengineering literature assumes that, as the international law system lacks a mandatory enforcement mechanism, the no-harm rule will play little or no role in the governance of srm . We challenge this assumption by focusing on the possibilities of compliance with the no-harm rule through bolstering its legitimacy and sense of legal obligation. We explain how Brunnée and Toope’s theory of ‘interactional international law’ might provide a useful lens for developing the no-harm rule in this way to independently respond to the risks posed by srm .

Journal

Climate LawBrill

Published: Aug 26, 2015

Keywords: geoengineering; transboundary harm; no-harm rule; compliance; legitimacy

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