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Part II: The Regulatory Framework for Climate-related Geoengineering Relevant to the Convention on Biological Diversity 4.5 WORLD METEOROLOGICAL ORGANIZATION The World Meteorological Organization (WMO) is a specialized agency of the United Nations covering meteorology, the atmosphere, and hydrology.171 The WMO’s agenda easily covers solar radiation management techniques such as, for instance, stratospheric sulphur aerosols or cloud whitening. Thus far, the WMO has only addressed the related area of weather modification and issued non-binding guidelines.172 4.6 INTERGOVERNMENTAL OCEANOGRAPHIC COMMISSION UNESCO’s Intergovernmental Oceanographic Commission (IOC) has been involved in research on ocean fertilization and “blue carbon” and has produced a report on ocean fertilization.173 171 See http://www.wmo.int/pages/about/index_en.html. 172 World Meteorological Organization (2007)—weather modification statement and guidelines of 24–26 September 2007, WMO Doc. CAS-MG2/Doc 4.4.1 Appendix C, available at http://www.wmo.int/. 173 http://ioc-unesco.org/index.php?option=com_content&view=article&id=290:new-ocean-fertilization-publication. 140
CHAPTER 5 Part II: The Regulatory Framework for Climate-related Geoengineering Relevant to the Convention on Biological Diversity RULES GOVERNING RESEARCH 5.1 THE REGULATORY FRAMEWORK FOR RESEARCH It has been suggested that governance for research should be addressed separately from governance for deployment.174 However, once the modelling and laboratory stage is left behind, the distinction between research and deployment could become increasingly difficult to draw for regulatory purposes. At some stage and for some geoengineering approaches there can be no clear borderline between field testing as part of research and actual deployment if scale alone is considered.175 The risks and physical impacts would be the same. If different rules were to apply, the distinction would require clear criteria for determining the difference. It should be noted, however, that if research occurs at a scale that does not impact the global climate, then it actually falls outside the proposed definition of geoengineering. While CBD decision X/33 invites Parties and others to ensure (until certain conditions are met) that no geoengineering activities take place, it excludes from this limitation small-scale scientific research studies that are conducted in a controlled setting, scientifically justified and subject to prior environmental impact assessments (decision X/33 paragraph 8 (w)). The LC/LP assessment framework on ocean fertilization provides guidance that is applicable to research studies. A major gap concerns solar radiation management technologies. The Royal Society, together with the Environmental Defense Fund and the Third World Academy of Sciences, is currently facilitating discussions among a select group on governance of research on solar radiation management.176 As a working framework, the initiative is exploring a framework with five categories, including four categories of research—(1) non hazardous studies, including modelling; (2) laboratory studies; (3) small field trials; (4) medium and large-scale field trials—and (5) deployment. 5.2 SCIENTIFIC RESEARCH IN INTERNATIONAL TREATY LAW Research, as distinct from the application of technology with known impacts or risks,177 is generally not restricted under international law (apart from special rules in certain areas). In the marine environment, it is governed under UNCLOS by general principles to be followed in the conduct of marine scientific research (article 240), including that it shall be conducted exclusively for peaceful purposes, that it shall not unjustifiably interfere with other legitimate uses of the sea compatible with UNCLOS, and that it shall be conducted in compliance with all relevant regulations adopted in conformity with UNCLOS, including those for the protection and preservation of the marine environment. In the territorial sea, marine scientific research shall be conducted only with the express consent of and under the conditions set forth by the coastal State (article 245). In the exclusive economic zones and on the continental shelf, marine scientific research shall be conducted with the consent of the coastal State, which has the right to regulate, authorize and conduct marine scientific research (article 246). Freedom of scientific research is a high seas freedom (article 87). States and competent international organizations are responsible and liable pursuant to article 235 of UNCLOS for damage caused by pollution of the marine environment arising out of marine scientific research undertaken by them or on their behalf (article 263). The deployment of marine scientific installations or equipment shall also not constitute an obstacle to established international shipping routes (article 261). 174 United States Government Accountability Office (2010), p. 36. 175 Robock et al. (2010), p. 531; Bunzl (2009), pp. 2–3. See also Bunzl (2010). 176 Solar Radiation Management Governance Initiative (SRMGI) (2011). 177 As governed, for instance, by the Cartagena Protocol on Biosafety to the Convention on Biological Diversity. 141
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PART I IMPACTS OF CLIMATE-RELATED G
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Part I: Impacts of Climate-related
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Figure 5.1. Changes in primary prod
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Land and water requirements Part I:
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CHAPTER 7 SYNTHESIS Part I: Impacts
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ANNEX II Part I: Impacts of Climate
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ANNEX III REPORT AUTHORS, EDITORS A
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Betz G. (2011). The case for climat
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