cbd-ts-66-en

Part II: The Regulatory Framework for Climate-related Geoengineering Relevant to the Convention on Biological Diversity
• “Relevant to the CBD”: Because of the potentially wide-ranging effects of geoengineering, this study
did not exclude any geoengineering technique on the grounds that it was not relevant for the CBD.
In fact, the parallel group of experts that considered the impacts of geoengineering on biodiversity
and related social, economic and cultural considerations identified potential impacts (positive and/or
negative) from all currently proposed or modelled approaches to geoengineering.
• “Global”: This could include two sub-criteria:
Geographical or spatial scope of application of the regulatory mechanism (e.g., global, or regional);
Degree of participation, including the number of Parties (within the intended scope) and balance in
representation (e.g., developed and developing countries, participation of least developed countries,
small island developing States).
• “Science-based”: Role of associated scientific or technical bodies or mechanisms for provision of clear
scientific information in considering and/or developing advice or guidelines for relevant research
activities. (Note that in the case of some approaches to geoengineering, it is difficult to differentiate
between large-scale scientific experiments and deployment and that, as such, close links with policy
mechanisms are required.)
• “Transparent”: Due to the technical nature of geoengineering or confidentiality concerning the
research, special attention must be paid to transparency of the decision-making process and the basis
on which decisions are made. This is especially important for developing countries with fewer scientists
involved in the research and fewer delegates at international meetings where this is discussed. Possible
considerations include:
Ensuring that the rule or guidance is sufficiently clear for States to apply a case-by-case analysis of
whether a geoengineering activity would be permitted or not;
Access to funding details, recognizing that private funding may be protected by other laws;
Facilitating clear mechanisms for consultation with any potentially affected countries;
Involving all major stakeholder groups in decision-making;
Informing all major stakeholder groups of potential and realized impacts;
Ensuring accountability for decisions.
• “Effective”: Whether a framework is effective depends on what it is supposed to achieve. Considerations
could include:
In one sense, “effective” could mean that the framework meets its aims. For the purposes of this
study, effectiveness could also refer to effectiveness in meeting the objectives of the CBD, in
particular whether or not the framework is consistent with efforts towards the conservation and
sustainable use of biodiversity and ensuring the equitable sharing of its benefits. Generally, existing
frameworks and rules need to be evaluated in terms of their coverage of the geoengineering
approaches currently being considered. In particular, there is a need to assess effectiveness in
relation to particular technologies, materials, intent and impacts, all of which are relevant elements
of geoengineering. An additional consideration could be that the framework is able to deal with
evolving research and potential new geoengineering concepts.
Further considerations of effectiveness in this regard include (i) presence of mechanisms aimed
at ensuring implementation, compliance with rules, decisions and other guidance, including
non-legally-binding approaches where such approaches are most appropriate and (ii) the presence of
a compliance mechanism.
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