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Part II: The Regulatory Framework for Climate-related Geoengineering Relevant to the Convention on Biological Diversity
Some aspects of the current international legal framework constitute binding rules within the meaning of Article
38 of the Statue of the International Court of Justice. Binding rules include treaties, customary law, and general
principles of law. Other aspects are not legally binding but nonetheless provide guidance to States.
Modern treaties often establish institutions and procedures in order to ensure implementation. This usually includes
quasi-legislative bodies such as a Conference of the Parties or other Governing Body of the treaty which meets
regularly and which has the mandate to decide on details not set out in the treaty and expert bodies which offer
interpretations of treaty articles. Decisions taken by such quasi-legislative bodies are, as such, not binding unless
the treaty so provides. However, the distinction between binding and non-binding has become difficult to draw
in treaty regime practice and decisions of the Governing Body may be referred to as an aid when interpreting the
provisions of a treaty. Governing Body decisions decide on technical details that are unresolved by the treaty, and
specify how Parties are to implement and develop the regime. In practice, Parties usually implement the decisions
even if they are not legally enforceable, as Parties consider the matters dealt with in the decision a practical necessity.
Apart from existing rules and guidelines, it is important to keep in mind that many international regimes and
institutions have a potential mandate that would allow them to address geoengineering, or some aspects of the
topic, even if they have not done so to date.
Additional guidance may be provided by relevant institutions, e.g. the UNEP 1980 guidelines on weather
modification.17
In addition, there are other aspects that could be of interest or relevance, regardless of their legal status. These
could include, for instance, self-organized standards by the scientific community18 or recommendations by relevant
civil society organizations.19
17 Provisions for Co-operation between States in Weather Modification, Decision 8/7/A of the Governing Council of UNEP, 29 April
1980.
18 Rayner et al. (2009).
19 E.g., Open Letter to the Climate Response Fund and the Scientific Organizing Committee, 4 March 2010 (http://www.etcgroup.org/
sites/www.etcgroup.org/files/publication/pdf_file/AsilomarENG190310.pdf).
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