Future Prospects for Climate Engineering within the EU Legal Order. (March 2016)

• Record Type: Journal Article
• Authors: Fleurke, Floor
• Is Part Of: European journal of risk regulation. Volume 7:Number 1(2016)
• Page Start: 60
• Page End: 74
• Publication Date: 2016-03
• Subjects: Risk management -- Periodicals; Risk management -- Europe -- Periodicals; Periodicals; 363.102
• DOI: 10.1017/S1867299X00005407
• Languages: English
• ISSNs: 1867-299X

Abstract

Abstract : This article explores the prospects for the EU to develop a coherent policy regarding climate engineering (CE). To this end, we explore the most significant legal parameters derived from EU law from which such a future EU policy would have to arise. Obviously, in view of the principle of conferral, it must first be established if the EU enjoys competences to initiate a discrete policy on climate engineering. The mere fact that the EU presides over a plethora of climate mitigation and adaptation instruments is not sufficient to conclude that it likewise has competence to initiate a policy of intentional environmental change. Rather, precisely because climate engineering is such a different response to climate change than anything undertaken before, we must establish whether that difference is of a nature so as to rule out a future EU policy on climate engineering.