THE LEGAL CONSEQUENCES OF CLIMATE ENGINEERING (GEOENGINEERING) - ASSESSING ACCOUNTABILITY FOR TRANSBOUNDARY ENVIRONMENTAL HARM UNDER INTERNATIONAL LAW

Abstract

 Climate engineering, commonly referred to as geoengineering, has emerged as a controversial response to the accelerating climate crisis. Techniques such as Solar Radiation Management (SRM) and Carbon Dioxide Removal (CDR) possess the potential to alter global climatic systems beyond national boundaries. While these technologies may mitigate certain effects of climate change, they also present significant risks of transboundary environmental harm, including disruptions to precipitation patterns, biodiversity loss, ocean acidification, and adverse socio-economic consequences. Existing international law has not yet developed a comprehensive framework specifically governing geoengineering activities, creating uncertainty regarding accountability and liability for environmental damage caused by such interventions. This paper examines the legal consequences of climate engineering through the lens of international environmental law, focusing on principles of state responsibility, the no-significant-harm rule, due diligence obligations, and liability for transboundary environmental harm. Drawing upon foundational precedents such as the Trail Smelter Arbitration and the Gabčíkovo–Nagymaros Project case, the paper evaluates whether existing legal doctrines can effectively regulate emerging geoengineering technologies. It further explores the accountability of both states and private actors, assesses the applicability of international criminal law concepts including ecocide, and identifies regulatory gaps within the current legal architecture.